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Sand Point-CS 920714 Coppell, Texas 75019 The City With A Beautiful Future 214-462-0022 ~fuly 14, 1992 Mr. Frank Bamburg Frank Bamburg Building Company 743 Kings Lane DeSoto, TX 75115 Sand Point Temporary Acceptance Dear Mr. Bamburg: A final inspection of the above referenced project has been confirmed by representatives of the City of Coppell. The drainage utility and paving has been verified and is in compliance with the City of Coppell standard requirements. Erosion protection will also be maintained until bond expiration. The one-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be one year from the date of this letter (July 14, 1992). Also, in accordance with your July 13, 1992 agreement with the City, no certificates of occupancy will be issued on any homes nor will the subdivision receive final approval until the issue concerning the street escrow is resolved. Sincerely, Kenneth M. Griffin, P.E. City Engineer cc: Alan D. Ratliff, City Manager Larry Davis, Construction Inspector M. Shohre Daneshmand, Civil Engineer Howard Pafford, Water Superintendent Rey Gonzales, Street Superintendent Rick Wieland, Parks and Recreation Manager Gary L. Sieb, Director of Planning and Community Services Greg Jones, Building Official The Ohio Casualty Insurance Company 136 N. Third Street, Hamilton, Ohio 4502.5 BOND # 2751-352 Maintenance Bond Know All Men By These Presents, That we, C W Young Construction 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 . Ni0m thoqsand..~ight hqodred ...... and twenty nxne dollars and 65/100 ................................................................... ($ ..~s29,~ ........... ) 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 ... 30th day of ........ 3.U,.%'[- ....................... 19.9.2 .... WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for Sand Point Estates Water Sanitary' Se~Jer & Storm Drainage 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 SUCH, That if ... as per accepte · ity said Principal shall, for a period of ONE ..... years from and after the ................. kCaCPYb[c ................... 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 be void; otherwise to be 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 be brought here- under after the expiration of thirty days from the end of the maintenance period as herein set forth. C W Young Construction Inc. TH~~'~ALTY I~RANCE COMI~ANy Form ~177 CERTIFIED COPY OF POWER OF A'I ~ oRNEY THE OHIO CASUALTY INSURANCE COMPANY HO~ On:~CX ma, roTaN, OmO NO. 26-061 of au.thoritv granted by A~icle VI. Section 7 of the By-Laws 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.-NISERTAKINGS, and RECOGNIZANCES. not exceeding in any single instance .....-- == : ='== =' -:= 000 , 000. 00 - excluding, however, any bond(s) or underta~ing(s)guaranteemg thepavmentof 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 acknoMedged by the regul~ly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any pre~ious authority heretofore granted the above named attorney(s)-in-fact. ~}~I11~ In WI~'ESS WHEREOF, the undersigned officer of the said The Ohio Casualty subscribed his and affixed the Corporate Sea! of the ~:/ .~ Insurance Company has hereunto name ~: '~ said The Ohio C~ualrv Insurance Company_ this 8th day ,,f November 19 89. ~ SEAL }m Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 8th day of November A.D. 19 89 before the subscriber, a Notao, Public of the State of Ohio, in and for the County of Butler, duly commissioned and qu~ified, came John B. Vail, Assistant SecretaD, of THE OHIO CASUALS' INSURANCE COMPANY, to me ~rsonal!y known to be the individual and officer described in, and who executed the preceding instrument, and he acknoMedged 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 Sea! of sfid Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. ---.. IN TESTIMONY WHEREOF. I have hereunto set mv hand and affixed mv Official ' Se~ at the City of Hamilton. State of Ohio. t~ and year first above written. .............................................. c.~ ~ ~,~~} Notary Pu f B uti ia ~~ My Commission expires ......... ~ce~er...25,....1.991 ....... 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 ~ secretan' or any ~sistant secreta~' shall be and is hereby vested with full power and authority to appoint attorneys-in-fact ~ for thd purpose of signing the name of the Company as surety :o, and to execute, att~h the corporate seal, acknowledg~ i and deliYer any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies ~ 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 polilical sub- division." This instrument is signed and sealed by facsimile m authorized bv 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 attornevs in fact, the signature of the ~.creta~' or any Assistant ~cretary certifying to the correctness of any copy' of a power-of attorney and the seal of the Compans: may be affixed by. facsimil~ to an~' power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted bv the Company ,~ original signatures and seal. to be valid and binding upon the Company with the same force and effect as though ~anualiy affixed.;' CERTIFICATE I, the undersigned Assistant Secretan' of The Ohio Casuakv Insurance Company, do hereby certify that the fore~K power of attorney, Article VI Section 7 of' the by-laws of the Company and the abov~ Resoludon'~' its 'Board of F~sW~--are true and correc{ copies and are in full force and effdct on this date. ' ~ ~ ~' ,l IN WITNESS WHEREOF. I have hereunto set my hand and the seal of the Company thi~ W' day~~., 19 ~ SEAL ~ S4~0 4~ 15M Assistant Secretary ...... -- ~ ' :.'. -,"'~4 ~~ ~~:~ ~ ""]~" '-':~ ~' ~----' =,5-':'-- -- -:"' - -' - - - e:~--. ~ ~'~5;i~!'~?i. -- '-'---" · -- -. ,--' -- . ~.:'<~ ~'.~.~~i ·- - . _ -..: .... =- .--...: . . '...'.: .... ~-, 'x ......... -,,...:.' .'. ~:.~:?~.5:5~~,~~Z~ ...... ' - " .' - _..: - . ,-- .. - ,'.(~'-v-:. ~'5~'~4~-:~,~ . · . - . - . ..... -.,.:." . . ' ..>~~ . ' - ' '" "" ' ."::4~~",'7~'~'~,~.'~?~:~~-" ; ....... "' ; ~-~ .' - '~:57'-:*~74' %=4'-'; '?~ ' ' . ..... - ~ .. .-' ~' : ::~S'" . ,~:~:'.~.;'-.:0555'~ .. . .~ -.:.:~7.. ?., .- .. . . .' . .:= ~;-~-, .:,,..--,..,%~...'.:~:..:~.,~=)~ ....... :.'..-'- . '- '~ ':~':V-¥-~ -.:~-~e%- · - , -: ' · '.o"~-.. :-. 5;~ ',,=5-'~' ': . : ~ -- .T..~d' -. ~,t~.-~- ..~-~?. ~ .' ' , ..-,.~'~ ~t-.. .~... .~..,._~-~. _-,.- ,,j -..,,.t~ :, ~-.~... ...~. ,-: -~,_ ., ~_~..-. ~ ..- .. ......... · ~ '~"'-~ "~-* ' ' !!i GUARANTY i NCE FIDELITY AND UNDERWRITERS. INC..:: ii .:.-----~ ~!':~"" ! ~~ ~, .=~i ':~": [ii::-" (A Stock Company) .';:'--~.-:~ MAINTENANCE BOND BOND NUMBER ................... i-~:~ ~-?-: ii~ KNOW ALL MEN BY THESE PRESENTS, That we ..... X..];.T..~.a.¥~rt. g..a.~..d. ............................ .:}~..=.. Cot~st~'uct'ioz~, Thc. '::.. · ....................................................................................................................... .;..:.:' :.:..'.' :.i'-'-'~,(hereinafter called the Principal), and the other undersigned an Ohio corporation (hereinafter called the Surety), ; E;.! .: ![?" ' are held and firmly bound unto ...... .C $.[y..o~..Cogp.e ll,..T~ ................................................. '""':" I :?;':'.; ~ : !!-." ' :':~:~ (hereinafter called the Obligee). in the full and just sum of ~gb.r~ I~hoys~.~d three hundred >-" -iii., ' .......................................... ..iii .:......~ ...~.~. ×~. n~. >:r.~:?.o...~.~..d...~.3../.~. 9.0. ...... (. ~.8. ~ .3. 7. .2. .. .1. 3. .) ....................................................... Dollars, ::.::---~i :[?: ~i~' i?' lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, '-':- our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. ...::. ::'~-'~ WHEREAS, said Principal has entered into a certain contract with the Obligee dated '--:'-'il i;~:.: · ~ehr~ary..2.,.. 1.~ ~.~ ..... ?... :-~:;.. : . .-:'.:. · ?;.. which contract has been or is about to be completed and accepted. [~ i .?... ':="' AND WHEREAS, specifications and contract provided that X..[~. ~ .a.v..~.n..g...a.n..d...C.o. 9.s..~5.u.c..~.J:.9~ ;...~.c. .;:'---il G;i should guarantee the project free from defects caused by faulty workmanship and materials for a period of ..:._.:. ii~.... ..ii !~,:,:: years, general wear and tear excepted. ~:;. NOW, THEREFORE, if the said project shall be free from defects of workmanship and materials, general .~ ~il~:~ wear and ~oar e×eepIed, for a period of °n_~_e___e years, then this obligation shall be null and void; othemtise .::--'-'i ?.' :._?~ to remain in full force and elfect. "::':' ::i'~. ? ~ Signed, sealed and delivered .J...u. 1.×..8. ~. 19~ 2 Witness as to {Sea ) Principal .......... (Seal) ?.-~. ] ;----d (Seal) ~!~' FIDELFrY AND GUARANTY INSURANCE UNDERWRITERS, INC, ..... ,?... ~ (an Oh,o corporation) . :...~¢.. rn~y-i~ ~-fact ';':?.. ~:~., Contract 510 CERTIFIED COPY GENERAL POWER OF ATTORNEY NO. FG 1.49 KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a coq~oration organized and existing under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does hereby constitute and appoint ,3Jail l~l-i 'l 'l~ of the City of 13ol 'lAn , State of ~ its tree and lawful Attorney-in-Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. hereby ratifies and confirms all of the acts of said Attorney-in-fact, pursuant to these premises. This appointment is made under and by authority of a by-law of the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney. IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 19th day of FL~:~r , 19 90 FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. (Signed) /~ ............. 74..1.! .'i..'~... ?:...~?.~ .t: .................... Vice. President. <signed) ............. ............................. Auhvtant Secretary.. STATE OF MARYLAND ) SS: BALTIMORE CITY ) On this ].2th day of F~bx~av',ar , 19 90, before me personally came vd-i 11 'l,.~nl ~'. ~i.~clt , Vice President of FIDELITY AND GUARANTY INSURANCE UNDERWRrrERS, INC. and 1'.o ~.o Hu~ , Assistant Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that they, the said 1fl4114,.~! ~'° ~g~LJ. edt: , and r.o were respectively the Vice President and Assistant Secretary of the said FIDELrrY AND GUARANTY INSURANCE UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said coq~oration; that the seal affixed to said Power of Attorney was such corporate seal; that it was so affixed by authority of the by-laws of said corporation; and that they signed their names hereto by like authority as Vice President and Assistant Secretary, respectively, of the Cotlcnnation. My Commission expires the first day of July, 19 90 (SEAL) (Signed) NOTARY PUBLIC I~ 81 (9-84)