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Mansions Phase 1-CS 991018 Coppeil. Texas 75019 The City With A Beautiful Future 972-'~62-°°22 ~ P.O BOX 478 COPPELL. TEXAS 75019 FILE Rick Simmons Western Rim/Newport Classic Homes P.O. Box 426 Colleyville, TX 76034 RE: Mansions By The Lake, Phase I Final Acceptance Dear Rick Simmons: A final inspection of paving and utilities for the referenced project has been confirmed by representatives of the City of Coppell. The two-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be two years from the date of this letter. Maturity on the Erosion Control Bond will also be two years from the date of this letter. Sincerely, ~ Construction Inspector cc: Mike Martin, Assistant City Engineer Doug Stevens, Engineering Technician Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal Jamie VanGuilder, Metroplex Excavation/Utility Prockerisubdivsn/O 1 finals;mamion I bIAINiENANCE BOND Bond No. S-700 0486 KN(~ ALL MEN BY TI IESE PRE~ENTS, Thatwe'~0ng Construction & Engineering, Inc. (berehmfter called tile "Principal") as Principal., and the Washington International Insurance Company ,oftheVillage of Itasca a corporation duly organize! t, nder Ihe laws of the State of Arizona and duly licensed to transact business in the State of Texas (bereina[ter called the "Surety"), as Surety are held and firmly bound nnlo City of Coppell~ TX Fifty-Nine Thousand, Six Hundred 0tereinafter called the "Obligee"), itt lite sum of~hirty-Nine and No/100 ..... ($ 59 t 639.00 ) for lite pnyntcnt or which, are well nnd truly to be made, we, the said Principal nnd the said Surety, bind ourselves, our heirs, execntors, administrators, successors and assigtlS, jointly and severally, firmly by these presents. T! IE CONDITION OF THIS OBLIOtYFION is such, that Western. Rim Inv,~stors W! iEREAS, thc said Principal has heretofore entered into a contract witls~alida~ai~e dated /L/d d~'/~ ~/~-~ ~ , 19 ~7 ,for The Hansion by the Lake~ Phase 1 WHEREAS, the obligee has requested that said work be guaranteed against failure beeanse of defective ~vorkmanship or material, performed or furnished by said principal for a period of t~o years from date of completion and aceepl- ance, normal wear arid tear excepted, NOW 'l'l IEREFORE, if the said Principal shall indemnify and save harmless the obllgee against loss or damage occasioned direclly by the failure of said malerlals or workmanship, then Ihis obligation to be void, otherwise to remain in full force and el'feel. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hnrricane, cyclone, lornado, earthquake, volcanic eruption or any similar disturbance of nature, nor nfililary, naval or usurped power, insurrection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the surety under this bond shall in no event exceed the tumor Fifty-Nine Thousand~ Six Hundred Thirty-Nine and No/100 .......... Dollars. No right of aciion shall accrue upon or by reason of this obligation, to or for tile use or benefit of any person, firm or corporatiou, other than the obligee berein named. Lone Construction & Eneineering, Ina. ///,ff ~rJllcipal Washington International Insurance Company By: E 1 n o r a C r u t h i s Attorney-in-Fact WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint ELNORA CRUTHIS, DERRELL C. DODSON, IRMA MOLINA, SAM J. MULES, JR., DOUGLAS MOORE AND LUKE J. NOLAN EACH IN THEIR SEPARATE CAPACITY its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other wdtings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $5,500,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The Chairman of the Board, President, Vice Presic~ent, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal ariD(ed in the ordinary course of business shall be valid and bindin.~.~po0j~.e Company. affixed by its autho~ ..'~Jl'~er, th_it6tl~'t~lj ~ugust, 1997. A ~ ~'." {~*'~ ~ ~A TEJ~I'KTK~'A~INSURANCECOMPANY "'" ':- P °% ......... '? . ?Steven ~r~ers'~ Vice-President STATE OF ILLINOIS COUNTY OF COOK On this 6th day of August, 1997, before me came the individual who executed the precedi/~g instrument to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washingt/q~ International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; / ' IN TESTIMONY WH E-R-E~)F,I have_h_e.r~l.~nd and affixed m~y~fficial Se~ th~fday and year first above written. ~ M~nois ~:~c _j_~lleiH.o-w. ert o n, Nota~ '.~ ~.~ "U~~s 09/07/99 ~y Commission Expires Septerflt~r r, $: -I~/Co~ms ~-'~-'~" - STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, Vice-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated the 2 01: hday of Su'ly ,19 98. ~nt Merchants P.O. Box 26720 · Austin, Tcxas 787~$-0720 $12-343-9033 · WATS: 1-800-2~2-9656 Company Bonding MAINTENANCE BOND Bond No. TX-545428 KNOW ALL ~EN B~ THESE PRESENTS, that we Mark Edwards dba Edwards Construction as Principal, and Merchants Bonding Company (Mutual), a corporation organized under the laws of the State of Iowa, and duly authorized to do business in the State of Texas as Surety, are held and firmly bound unto City of Coppell as Obliges, in the penal sum of Five Thousand .................................. ($ 5~000.00 to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns Jointly and severally, firmly by these presents. WHEREAS, the said Principal has constructed two concrete entryways to Coppell Road WHEREAS, said Obliges requires that the Principal furnish a bond conditioned to guarantee for the period of 2 year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obliges for all loss that the Obliges may sustain by reason of any defective materials or workmanship which may become apparent during the period of ? year~s) from and after July 23. 1998 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 23 day of July , 19 98 · Mark Edwards dba Edwards Construction Principal co, signed By: ~T~-xas Resident Agent MERCHANTS BONDItG~.~AN¥ (MUTUAL /_ I. _ _/ Attorney-in-Fact ,~epn D. ~xton WHting Oon~rac~ 8onds NaUonwide 8est's Rating A (~xcellent Ca~eg0~) Ma, chants Bonding Comps.ay (MUTUAL) POWER OF A'I-I-ORNEY Know All Persons By These Presents. that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the Sfala Of Iowa, and having ils principal office in the City of Des Moines, County of Polk, Slate of iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Audrey Williams, Zelda M. Mills, Josh Penwell, John D. Malone IV, Joseph D. Sexton, Robert R. Freel, and Brian A. Smith of Austin and State of Texas its tree and lawful Attorney-in-Fact, wf~h full power and authority hereby conferred in its name, place and stead, to sign, execute, aclu",owledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other wdttec obligations in the nature thereol, subject to the limitation that any such instrumenl sh~ll not exceed the amount of: Any and alt bends and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized o~ficers el the MERCHANT'S BONDING COMPANY (MUTUAL), and all such acts el said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Altorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board el Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3. 1992. ARTICLE ti, SECTION 8. - The Chairman of the Board or President or any V~..e President or Secretary shall have power and author- _ity to'appoint Attorneys-in-Fact, and to authorize them to execute on behalf el the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts el indemnity and other writings obligatory in the nature thereof. ARTICLE I1, SECTION 9. - The signature of any authorized officer and Ihs Seat el the Company may be affixed by facsimile to any Power et Attorney or Ce~llfic~tion thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of fha Company. and such signature and seal when so used shall have the same force end effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has cause these presents to be signed by ils President and its corporate seal to be hereto affixed, this 1st day of STATE OF IOWA COUNTY OF POLK ss January A.D., 1998 MERCHANTS BONDING COMPANY (MUTUAL) On this 1st day of January 1998 . before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President o! the MERCHANTS BONDING COMPANY (MUTUAL). the corporalion describe in the foregoing inslrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corportaion by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ........ ..,,, '.. · ~. : '. ~. * Notao/Public, Polk Counly, Iowa · : IOWA '... STATE OF IOWA '*, '~/~'1 Al"' '~ ..' COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a tree and correct copy el the POWER-OF-A3-rORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL). which is still in force and effect. In Wilness Whereof, I have hereunto set my hand and alfixed the Seal el the Company on this 23 day of July , 1998 MSC0814AU 2/98 ~-:~ -0- ..~.. 193~ ..~. · ~;.. ..'~ ;. ....... '6'.'.' %:' ~ ..