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Stonemeade-CS 930913The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-O022 September 13, 1993 Derek E. Earle, P.E. Centex Homes 1660 S. Stemmons Freeway, Suite 150 Lewisville, TX 75067 Re: Stonemeade 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 accep~d 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 Doug Stevens, Engineering Technician ~e/garreth/stnemede.ltr The Ohio Casualty Insurance Company 136 N. Third Street, Hamilton, Ohio 45025 Maintenance Bond Know All Men By These Preaenl3, 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 .......................................................................... ...... T..h..i..r.t.y..* .t .h..q .u.S..a..n..d...t. h .r.e.e., .hund.r. ed.. fi fty...o~., a. n.d., 68/100.'..~ ...................... ($ .. ~.0., ~. ~. 1., 6.8. ........ ) 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 th;s ............... !..8th ............. day of ............. 0ul~e ...................... 19...9..3.... WHEREAS, the ~aid Principal has heretofore entered into a contract with the Obligee above named for Stonemeade Estates 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 accepted by the city said Principal shall, for a period of .......... .l ................... years from and after th~ ............................ 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 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. Form S-177 · . , .l ERTrSmr) coPY OF POWER OF roRNEY TI-IE, t, cllO HO~ Om~ ~N, omo No. 26-061 ~n~ ~11 ~eu b~ ~e ~r~nt~: That THE OHIO CASUALTY ~SU~NCE COMPAq, in pursu~ce of authority granted by A~icle ~, ~ion 7 of the By-Laws of said Company, d~s hereby nominate, constitute and ap~int: 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, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance (S 1,000,000o00 - ) Dollars, ONE RILLION excluding, however, 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 the 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. STATE OF OHIO, ~ SS. COUNTY OF BUTLER In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 8th day of November 19 89. 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 Buffer, duly commissioned and qualified, came John B. Vail, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to 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 by the authority and direction of the said Corporation. , IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, tlt~d~ and ye~.~rst above written. · ~ My Commission expires ......... De~er.....2~,....199~ ....... 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, stipulations, 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 certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by. 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." CERTIlqCATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby, certify that the ~egoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resol~;j~f--i/s Boar~l-~;~4ors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this ,'q-4.".l~')-O. 4-RR 1 ~M FiREMAN FuNn 4AN'S FUND INSURANCE COMPANY THE AMERICAN INSURANCE C.OMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY HOME OFFICE: SAN FRANCISCO. CALIFORNIA MAINTENANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: That, Maria Sinacola & Sons Excavating, Inc. 900 Kealy St., P.O. Box 248, Lewisville, TX 75067 asl~incipol, and AS soci ated I ndemni ty Corporati on , a corporation organized under the laws of the State of Cal i f0r~qi a and authorized to do a surety business in the State of. Texas as Surety, are held and timly bound unto the City of Coppel 1, Texas in the s,m of THIRTY-FOUR THOUSAND ONE HUNDRED FIFTY-SIX & 30/100 ........................ ($ 34,1 56.30 .... l, '.awful mon~ 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, iointly and severally, firmly by these presents: SEALED with our seals and dated this 1 7th day of Auqust, 1993 WHEREAS, on the the said Maria Sinacola & Sons Excavatinq, Inc. as contractor, entered into a contract for Stonemeade Estates tor thesumot THREE HUNDRED FORTY-ONE THOUSAND FIVE HUNDRED SIXTY-THREE AND 00/100 ($ 341,563.00---); and, WHEREAS, under the terms of the specifications for said work, the said Mari o Si nacol a & Sons Excavating, IRC. is required to give a bond~rTHIRTY-FOUR THOUSAND ONE HUNDRED FIFTY-SIX AND 30/100-- :($34:1 56.30 .....), to protect the City of Co.np~_l 1; T~×aR against the result of faulty materials Or workmarmhip for a period of one year from and after the date of the completion and acceptance of same, namely, until NOW, THEREFORE, if the said , Mori0 Sinacol a & Sons Excavating. Inc. shall for a period of one year from and after the date o! the completion and acceptance of same by saj,4 City of Co.Dpel 1; Texas replace any and all defects arising 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. MA ~S EXCA~~. INC. AS ~E~M~.F.~H~q~BRA~N / l~D~/A~D BRODZI~ Attorney~i~FS-Fact 360027--4-66 Jointly or several ROY, ~htlf of Ibc Co~poeetlon. afl/pellon ¢mpo~ c~¢d to mike It*ch IN ~'1 [NESS g'HEREOF. ASS~IATED INDEMNITY COR~RATION has c~scd I~ ~esents to ~ s;Cflcd by its Vlce-~es;dcm. s-rxr t oF C~rOa~ 11 tit d,yof Hovember . 19 85 8y L.A~ .S(~C'. IATED INDEMNITY CORPORATION . . O. thls i I th dlyor Hovember . 19 ' 85 . I~{oeeme~soed,'came Rlch&rd ~i.I I lams to me known. ~ho. bela( by me dul~ s~'ocn, did de.sc and say: that ~ k Vke-P~.id~ o( ~S~IATEO IN~C~~ON. Ibc Co~: I N WI T N ~S ~ I t E REOF. I have hcceunto set my hs~ ~ a~ted my o~;al seal. t~ day ~ year ~reifl fl~ss ~¢ ~;tlen. CERTI~CATE S'EATE OF CALRrORh'tR C~ OF ~ ~ es. I. Ihe undetsiened. Resident AsGxtan( Scc(¢qasy of ASSOCIATED II4DEMtlIrYCORPORATION. ICALIFORNIACofpo~atlon. DO IIERERY t9 93 Signed and sealed at the County of Harta. Dated t. he 17th day of August · 3-'_-0/T !-AS.5 61