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Villages C P2-CS 880613 Coppell, Texas 75019 (~~ The City With A Beautiful Future 214-462-0022 June 13, 1988 Steve Brooks Brook Companies 8800 North Central Expwy. Suite 330 Dallas, Texas 75231 RE: Villages of Coppell Phase II Dear Mr. Brooks: A final inspection of the above referenced project has been confirmed by representatives of the City of Coppell. Paving and utilities have been verified and are in compliance with the City of Coppell standard requirements. The one-year maintenance bonds and as-built drawings have been received from both contractors. Maturity on the bonds will be one year from the date of this letter (6/13/88). Sincere ly~, StevenS. Morton f ~ ' ~' ;~'~ ' ~ Chief Developmental Inspector SN~4/bb cc: Alan Ratliff, City Manager Dorothy Tinm~ns, City Secretary Steve Goram, Director of Public Works Dale Jackson, Building Official Per Birdsall, Street Foreman Howard Pafford, Water Utilities Foreman -- ~ MAINTENANCE BOND 1~ BR~AN ST. DALLAS, TEXAS 75201 KNOW ALL MEN BY THESE PRESENTS: That Lloyd' s, U.S. Corporation as Principal. and Lloyd ' s, U. S. Corporation , as Surety, are held and lirmly bound unto Cappell Municipal Utility District #1 , as Obligee, in the full and iust sum of Twenty Six Thousand Three Hundred Sixty Five & 38/100 Dollars ($ 26 r 365.38 ). for the payment of which sum, well and truly to be made. the Principal and Surety bind themselves. heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has entered into a wrilten contract dated May 22, 1986 with the 0bligee for and WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee tot the period of .,one year (].) 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 Obligee lot all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the aforesaid period, Ihen this obligation shall be void; othenvise to remain in full Iorce and effect, March 29, 1988 Signed, sealed and dated 37830(2/83) POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOWN ALL MEN BY THESE PRESENTS. THAT THE CORPORATION OF LLOYD'S. a corporation duly organized under the laws of the State of Texas. end having its head office in the City of Dallas. County of Dallas. Texas. Attorney-in-Fact for the Underwriters at LLOYD'S. U.S.. hath made. constituted and appointed, and does by these presents make. constitute -,nd appoint LANNY W. LAND its true and lawful Attorney(s)-In-Fact with full power and authority hereby conlerred to sign. execute and acknowledge, by his/her ~ole signature and act. any and all bonds, recognizance, contracts of Indemnity. policies ol insurance end ,.11 other writing'` obligatory in the nature of · bond. recognizance, insurance, or conditional undertaking, end any ~nd all consents incidents thereto end lo bind the CORPORATION OF LLOYD'S. Attorney-in*Fact Ior the Underwriters at LLOYD'S. U.S.. thereby as fully and to the same extent as if the same were signed by the duly authorized office~ Of the CORPORATION OF LLOYD'S. end all the acta ol said Attomey(,,)-in-Fect. pursuant to the authority herein given, are hereby retitied end confirmed. This appointment is made under end by authority of the lollowing Standing Resolutions of said Corporation which Resolutions are now in full force and effect: VOTED: That each of the following offlcem: Chairman. President. Vice President. Secretary. may from time to time appoint Resident Vice Presidents. Resident Assistant Secretaries. Attorneys-in*Fact. and Agents to act for and on behalf of the Corporellon and may give any ,,uch appointee authority to sign with the Corporation's name and seal with the Corporation's seal bonds, recognizances, contracts ol indemnity. policies of insurance, and other writings obligatory in the nature of a bond. recognizances, policy of insurance, or conditional undertaking, and any of said officers or the Board of Directors may at any time rbmove any such appointee and revoke the power and authority given him/her. VOTED: That any bond. recognizance, contract ol indemnity, policy ol insurance, or writing obligatory in the nature of a bond. recognizance. policy of insurance, or conditional undertaking ,,hall be valid and binding upon the Corporation when (a) signed by the Chairman. the President. a Vice President. or by a Resident Vice President. pursuant to the power prescribed in the certificate of authority ol such Resident Vice President. and duly attested and sealed with the Corporation's seal by a Secretary or Resident Assistant Secretary. pursuant to the power prescribed in the certificate of authority es such Rash:lent Secretary; or (b) duly executed ([inder seal. if required) by one or more Attorneys-in*Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is ,,igned and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of the CORPORATION OF LLOYD'S which Resolution is now in lull force and effect: VOTED: That Ute signature of each of the Iollowing officers: Chairman. President. Vice President. Secretary. end the seal of the corporation may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such lacsimile signature or facsimile seal shall be valid and binding upon the Coq3oration in the futura with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF. the CORPORATION OF LLOYD'S has caused this instrument to be signed by its D ]:'es ident James W. Howard and Its corporate seal to be affixed this Twa. mty-fif th dayof February .m 86. Sc~tu~°t~ O'rf%alxas~ I Titi~ P re s ident ' - -- Onthls 25th dayof February .19 86 . befora me personally came James W. Howard to ma know., who, being by me SWOrn, did depose ancl say: that he/e~ is President of CORPORATION OF LLOYD'S, the corporation descril~KI in and which executed the above instrument; that he/,,he knows the eaai ot said corporation; that the seal affixed to the ~aid instrument on behalf o! the corporation by aulhodty of his/her office under the Standing Re~oiutlon~ thereof. My Co'minion expires Notary Public CERTIFICATE I. the undersigned. Secretary of CORPORATION OF LLOYD'S. DO HEREBY CERTIFY that the loregoing and ,,ttached Power of Attorney end Certificate of Authority remain'` in tull lorce end has not been revoked; ~ furthermore. that the Standing Resolutio~ of the Board of Directors. es set forth in the Certificate of Authority. are now in force. S~gned and Sealed at the Head Office Of the corporation. In the City ol Dallas. State of Texas. Dated this, [7 9 th day of Tltie: Secretary Firemen's In :ance Company of New New Jersey 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and app_oint Jerry P. Rose or Linda O'Nale or Robert L. Stoeck of Dallas, Texas its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 20th day of February, 1975: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the FI REME N'S I NSU RANCE COMPANY OF NEWARK, NEW JERSEY, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FU RTH ER RESOLVED, that the signatures of such officers and the seal of the Company may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect 1o any bond, undertaking or conlract of suretyship to which it is attached." In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest: By Robert W. Adler, Sr., Assistant Vice President Michael J. Beernaett, Vice President STATE OF NEW YORK ~ COUNTY OF NEW YORK On this 1st day of May, 1985, before me personally came Michael J. Beernaert, to me known, who being by me duly sworn, did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. .,-~ ... ~ ".,~'% '.,,~ ~, ,,~,,, ,,,,. NOTARY PUBLIC, Slate olr Ne~ York No, 24-4663117 Qual. in Kings County Commission Expires March 30, 19~6 CERTIFICATE I, the undersigned, an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 24~h day of iVl~y ,19 88 21 BOND 4315K Printed in U.S.A. Maintenance Bond · OD~ NO. BND1 12 76 80~ ' ~c~ou~%: $2~117.45,. FIR~N' S I~S~CE P. 0. Box 541297- Dallas, Texas ,~ ~ ~~%~ CO~Y 0F N~K~ N~ JERSEY ~ ~ ~o~o~O~ 4~y o~~e~ · be lm~s of %~e :;~%e of New Jersey ~nd ~y ~ce~e~_ %o S~eLy; ~e held and f~ ~d ~ the CITY OF C0PPELL~ TE~ (bereln~er c~le~ %be Obl~ee) In %be s~ of ~enty-Three ~ousand, One H~dred Seventeen and 45/100' - ....... ~11~, for the patten% ~ety~ Bind o~se~vem~ ~ he~m~ executorm~ m~n~%ra~orm~ aucce~or~ asses, Jo~t2y ~d scveral~ folly ~y these p~esents. ~~, t~e s~ld ~lnc~p~ ~s ~e;e~fo;e entered ~to a cou~rac~ ~h Dimension-Brooks ..~ ~ted J~e 16, 1987 Vi~s.~e5 of Cop~ell~ Phase II - NO~) ~~, ~be comdltlon of ~bim D~i~mtlon is such ~t · efec~ wb~cb ~e ~he ~es~t of f~Y vo~s~l~ ~d ~er~ over~ ~e good ~n~ ~el~se ~o ~e sal4 ~=e ~1 ~o~m ~fi ~e v~ch ~ ~l~ee ~y sus~a~ ~y Teeson of fa~]~e o~ def~ of SMI :e~ ~n f~ f~ce ~d effect. L. H. LACY COMPANY ""- ........ ~/FIRE~N S INSU~CE CO~Y ' 0~ N~;'-~ JERSEY _ ~ L~da O' Nale [ Attorney The Ohio Casualty Insurance Company 136 N. Third Street, Hamilton, Ohio 45025 BOND NO. 2-660-806 Maintenance Bond Know All Men By These Presents, That we, REBCON, INC. 11181 Harry Hines, Suite 139, Dallas, Texas 75229 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, Texas (A Municipal Corporation) (hereinafter called the Obligee), in the penal sum of ...Two..Thousand. Fou.r..aundred &...OO/lO0 ...... ....................................................................................................................... ( $ .2.,.(40.0,90. ........... ) 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 .......... iF.t!}. ......... day of ........... J.~t2~ ....................... 19.~8. .... WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for Alley at Villages of Coppell. Phase II and, BEC Development Corporation 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 said Principal shall, for a period of ........ One ........... years from and after the ......... 9t.h ........ day of ............ .J..u.t~o ............ 19..88., 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 de,auit; 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 ~t forth. By.; ............................................................................... OHiO Form S-[ 21 ~ooer'% H. Davis ~ ATTORNEY-IN-FACT \ f~t~ I]~D COPY CJI: PO~k OF AT~, ltN]tY TBB H~ ~ ~T~ omo Noo 23-152 of a~ko~ ~ ~ ~ VL ~bn 7 of the By-~ of mid ~psnT. dose he~y nomi~to, co~t~e a~ ~ober~ H. Davis or Jay,s A. Dav~s _of Dallas, Texas i~ true and h~ a~ a~ 8tto~e~ -h-~a~, to rake, ex,ute, mi and de~ver for and on i~ b~ ss ourse, and iu a~ and d~ any 0~ ~ ~, MND~T~, sad ~C~~, not exco~ns in any o~ T~EE ~LL~ON - - ($~,000,000.00 - -) ~clu~, bower, enF ~(o) or undofluki~(o) ~rantoe~ the ~ymen~ o~ n~eo a~ htere~ thereon A~ tho ~bu ~ such bn~ or unde~Mnp h putouts of thru pr~ 0boll ~ t0 bh~nf upon m~ ~ny, ss fully ~d a~ly, M a~ ~n~ end pu~ a0 · thy hd ~en duly ~ecut~ a~ tck~wl~ by ~e re~rly elect~ oA~ ~ ~ ~o~uy at i~ o~ h ~amilton, Ohio, in their own proper peroono. ~e authofi~ ~nt~ horoun~r o~ro~ any pro~o~ authority hereto~oro srant~ tko ~vo named  the unders~sn~, o~cer of t~ m~ ~o OMo ~sualty in WiTheS W~OF, subscribed l~uran~ ~om~ny has he~euuto ~~ a~ aAx~ the ~o~te S~ of tb ,-~--~-.-~-~ -~ .... STA~ OF OHIO. [ ~. COU~ OF B~ On t~ 23rd ~y o~ February A.D. 19 87 ~oro th, subscript, a Nom~ P~ ~ th~ S~ta o[ O~o. in and lot th, County o~ Butler. duly commi~ion~ a~ qualified. ~m~ Richard T. Hoffman, Asst. Secretary - - - ot ~E OHIO C~UAL~ ~U~CE CO~. to personaH~ known ~o ~ th~ i~dual a~ o~e~r described in. and who execut~ th~ preceding instrument, and h~ l~daed gh~ ~x~ufion o~ th~ ~m~. a~ ~ing ~ me dul~ sworn ~poseth and saith, t~t he is the o~c~r o[ th~ Compan? a~oresai~, amd ghat gh~ a~! a~x~d go th~ pre~dlng imtrument ia th~ Co~orat~ Seal of said Com~ny. and th~ mid Corpomta S~I a~ his ,i~atug~ aa o~c~r w, ra duly a~x~ and aubacMbed ~o th~ mid instrument by g~ authority a~ direction of mid Corpo~t~m. ~u.,,~ IN ~TIMO~ W~REOF, i ~ve ~reunto set my ~nd nnd a~zed my O~c~l ..... // Decembe~ 25 ~ ~. .. ..0,,. .................................................... This power of attorney ia ~ranted under and by authority of Article VI, Section 7 of the By-~wa of the Compnny, adopted its directors on April 2. 1954, extracts from which read: "ARTIC~ VI" "Section 7. A~dn~nt of Atto~ey-in-Fnct, ~c. The chairman of the bo~d, the president, any vice-preslde~, secretary or any n0sJstnnt ~cretnry shall be and ia here~y vested with full power and authority to ~ppoint attorneys-in-fact for the purpose of oig~ng the name of the Company ns surety to. and to execute, attach the corporate 0enl. acknowledge and deliver any and nil ~ndo, recognJnnces, 0tlpuJatlona, undertakings or other instruments of suretyship and policies inourance to ~ given in favor of nny individual. 6rm. corporation, or the o~clal representative t~reo[, or to any county or state, or any oAclnl board or b~rda o~ county or state, or the Unit~ States of Amori~, or to any other po]hlcal division." This instrument 1o 01~ed and sealed by facsimile au autborlzed by the following Resolution adopted by the directors o~ the Company on ~y 27, 1970: "RESOLVED that the signature of uny o~cer of the Company authorized by Article ~1 Section 7 of the by-hwa to appoint ntto~eys in fact. the ligature of the S~reta~ or any Ass~0tant ~ecretary ce~tif~ng to the correctness of any copy of power of attorney and the seal of the Compnny ~y be n~xed by facsimile to uny power of attorney or copy thereof on behalf of the Compnny. Such 0J~atures and seal ore hereby ndopt~ ~y the Compnny ns o~nnl aJg~tureo and C~FICATE I. t~e undersigned Aaoi0tnnt ~cretn~ of T~e ~o Casualty ]noutm~ce Company, ~o Eere~y ceflify t~t the foresolnf power of attorney, Article VI S~tlon 7 of t~e b~-hwa of tee Company and tee above Resolution of it0 Board of Director0 are true n~ correct copies and ore in full ~orce nad e~ect on this d&te. IN WI~S WHE~OF, ! have hereunto set my hsn~ nad t~e oen~ o~ t~e Compnny thio ~ ~y o~ ~A.D.. ~ssistant Sec~to~ S-43~-C 32-80-3M