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Parks Coppell ABQ-CS 930913 Coppell, Texas 75019 The City With A Beautiful Future 214-462-0022 September 13, 1993 Derek E. Earle, P.E. Centex Homes 1660 S. Stemmons Freeway, Suite 150 Lewisville, TX 75067 Re: Parks of Coppell Addition Dear Mr. Earle: The water, sanitary sewer, paving and drainage facilities in the above referenced addition were inspected during construction by the City of Coppell Engineering Department and were installed according to the plans and our specifications governing such work. As of the above date, the facilities are accepted subject to the one-year maintenance agreement. Thank you for your cooperation during this construction and if I can be of further service, please contact me at (214) 393-1016. Sincerely, Construction Inspector Dan M. Dowdey and Assoc. Inc. Marlo Sinacola & Sons C.W. Young Const., Inc. Building Inspection Dept. Rey Gonzales, Street Superintendent Howard Pafford, Water Superintendent Doug Stevens, Engineering Technician file/garreth/stnemede. Itt ,I'S FUND INSURANCE COMPANY · ~)~ THE AMERICAN INSURANCE C[OMPANY NATIONAL. SURETY CORPORATION ASS;OCIATE[:) I NO£MNITY CORF ...... N MA~~CE BO~ FIREM~'S FUNO .~,~ A~TOMO~ ..... S U~A.C~ COMPANY Bond No .... KNOW ALL MEN BY THESE PRESENTS: Tha,, _Maria Sinacola & Sons Excavating, Inc. _ ............. 900 Kealy St., P.O. Box 248, Lewisville: TX 75067 ,asPri.=cipal, and__ ASSOCiated Indemnity CorDofati on ...... a corporation organized under the laws of the State at__ Ca] i f0rni a _._and c~uthorized to do a surety business in the State o[. Texas , as Surety, are held and firmly bound unto the City of C0pDe]] , Texas _ .__in the sum of_. TWENTY-EIGHT THOUSAND NINE HUNDRED THIRTY-SIX & 63/100 .(~ 28,936.63 .... ~, 'a~*'fu~ money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seats and dated this ~ ?th day of August, 3993 ......................... WHEREAS, on the ..... the said Maria Sinacola & S_ons Excavating, _Inc. as contractor, entered into a contract for Parks of Coppell for the sum of TWO HUNDRED EIGHTY-NINE THOUSAND THREE HUNDRED SIXTY-SIX & 30/i00- ~$289,366.30----); and. WHEREAS, under the terms of the specifications tar said work, the said Marl o Si nacol a & Sons Excavati cng, Inc. ~s required to give o bond for TWENTY-EIGHT THOUSAND NINE HUNDRED THIRTY-SIX & 63/100 .................... -ts 28,936.63 .... ). ,o protect the City of Coppel l, Texas against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until NOW, THEREFORE, ifthesai~ Maria Sinac~la & Sons Fxr. avating, Tnt. ,~hall for a period of one year from and after the date of the completion and acceptance of same by said Cf ty of Co~pe] ~. Texas replace any and all defects arming in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. EDWARD BRODZIK, ~ttornev-i6-ract 360027--4-66 ~:~.v ^SS{}CI^'i El} INI)I{M~II'Y (-'0~ ATION BARRY R. IIARP[R, RALPIt R. PETER~Ell ond efl~ARO ORODZIK jointly or severally ROY fl I Jnd ils cotpocltc ( ~,.~.~ . ~ ~SS~IATED INDEMNITYCOR~RATION ~AT~ OF C~FOR~ IO mc known, vho. Bcln( by mc duly I~o~n. did dcposc and s~y: Ihll hc is Vi~c-P(csidcnt of ~SOCIATEO IN~EM~iIY CORPORATIOtl. ~hc Co,- 1. ~hc undc,s;~ncd. R~si~cnt A~h~,.( Scc,c{,~y of ASSOCIATED It:OEMNITY CORrORATION. I CAtlFORNIACmpo~atlon. O0 IIER~RY The Ohio Casualty Insurance .ompany 136 N. Third Street, Hamilton, Ohio 45025 Maintenance Bond Know All Men By These Presents, That we, C.W. Young Construction Company, Inc. as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, with principal offices at Hamilton, Ohio, as Surety, are held and firmly bound unto City of Coppell (hereinafter called the Obligee), in the penal sum of ......... . Thirty. e~ght.~bpu~and twenty ~i~. and 7~/lO0's ........... ($ .38,.0.26,7.5 ..... ) Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. DATED this .... 18th day of ...... 3une .......... 19. 9~. WI-IEILEAS, the said Principal has heretofore entered into a contract with the Obligee above named for Parks of Coppell and, WHEREAS, the work called for under said contract has now been completed and accepted by said Obligee; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SVC[rI~ T~t iefity as per accepteo oy sne said Principal shall, for a period of 1 years from and after the. . . day of ............ 19 . , indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship which may be discovered within the period aforesaid, then this obligation shall he void; otherwise to he and remain in full force and virtue in law. PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its Home Office in the City of Hamilton, Ohio, promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default; and that no claim, suit, or action by reason of any default of the Principal shall he brought here- under after the expiration of thirty days from the end of the maintenance period as herein set forth. "~-,TIFIED COPY OF POWER, OF ~ OfllO CA~UAI,TY IN--CE COMPANY ~os~ omc~, .~m. ToN, oI-nO NO. 26-061 .~11~I~II ~[! ~11 b~_ ~h,,,l ~rl~,,llt, i That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted bv Article VI, Section 7 of the Bv-I. aws of said Company, does hereby nominate, constitute and appoint: Jerry Jordan or Ruthie Smith or Traci Davis of Arlington, Texas its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, L.~IJERTAKINGS, and RECOGNIZANCES. not exceeding in any single instance ONE MILLI~O~ ............ ($ 1 000,000.00 - ) Dollars, excluding, howe 'er, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon' And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected ~officers of th~ Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. ~.~}ll.ts.~.~ In WITNESS WHEREOF. the undersigned officer of the said The Ohio Casualty · ' subscribed and affixed the Corporate Seal of th~ ~.~.;- ~.t.a,~' Insurance Company has hereunto his name ~'~ 8EAL~ said The Ohio Casuahy Insurance Company this 8th day of November 19 89. ............... STATE OF OHIO, COLLNTY OF BUTLER On this 8th day of November A.D. 19 89 before the subscriber, a Notary. Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came John B. Vail, Assistant Secretary. of THE OHIO CASUALTY INSURANC]~ COMPAN-Y, {o me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument hy the authority and direction of the said Corporation. IN TESTIMONY WHEKEOF, I have hereunto set mv hand and affixed my Official at Hamilton, State of Ohio, t~ and ~st above written_.=~ x Seal the City of ~*~'~~'t Notarymu lB uti i o ~,.: e~-~. ~ My Commission expires ......... l~J~II:~.....25.s....,l,~l~ ....... This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipula{ions, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary cgrtifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed bv. facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby' adopted by the' Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do here}~~ certify that th l ~bregoing power of attorney, Article VI Section 7 of' the by-laws of the Company and the above. Resolu~q{a[of.,its Board.D,~Sirectors are trl~-~ and correct copies and are in full force and effect on this date. ' ]t~'4s~ /~ ~"~, I,{ ,/q ~-~) IN' WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company-this iud' 19