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Coppell Greens 2-CS 991123[/"~/~ The City With A Beautiful Future KMG L__~//~ P.o. Box478 MM ~7~~COPPELL. TEXAS 75019 KMC ~ "/~ _ CDS November 23, 1999 GDC LD Mr. Jeffery Jesionowski, VP PJO _. A~.~ V~]o.m~.t Co. AFL 64~ Uptown Blvd. NE, Suite 510-W Albuquerque, NM 87110 RE: Coppell Greens II Dear Jeff: 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 specificatiom governing such work. As of the above date, the facilities are accepted subject to the two-year maintenance agreement. Thank you for your cooperation during this construction and if I can be of further service, please contact me at 972-304-3685. Sincerely, Post-it~ Fax Note 7671 Date 1[_~9_(~)9 [pages cc: Greg Jones, Building Inspections Pho,~ # Phone. Dowdey-AMerson (f~: 972-931-9538) F~. ~3A-q~l-~5~ ~ qT&-~-3530 Debi Ingr~, Eng~eering Secrecy Post~P F~ Note 7671 ome/[.~ IAS~* Mid-Continent Group® MID-CONTINENT CASUALTY MiD-CONTINENT INSURANCE OKLAHOMA SURETY MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: as Principal, That J.F. CLACK, INC. -, and _ MXDLCONTXNENT CASU~TY _~ aS Surety, arc I~eid and firmly bound unto CITY OF COPPk-:Lr, _, as Obligee, in the sum of ****SEE BELOW***** __ Dollars ($' 15(~, 456.00 _. ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrato,'s, successors and assigns, jointly and severally, firmly by these presents. *** ONE HUNDRED FIFTY SiX THOUSAND FOUR HUNDRED FIFTY SIX ANDNO CENTS WHERJ~.AS, ']'he Prinoipal has entered into a written contract dated ~ 29, ~ 999 with the Obligee for COPPRLT, GPRENS P .I443,S. E 2 - _ ~ and W]-IEREAS, said contract provides that the Principal will furnish a Bond conditioned to guarantee for the period of _Two (2) YEARS aRer approval of the final estimate on said job, by the owner, against aII 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 for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the aforesaid period, then this obliBation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated _...NOVEMBER I q, !.999 ~ ---- ' (Scad Witness By' Bond 'No, TBDO010760 __ ' ' iSlggf?lOON/ Attorn~y-m-t act MIL £ONTINENT CASUALTY CCi PANY Tulsa, Oklahoma Know all Men by these presents: That the MID-CONTINENT CASUALTY COMPANY, a corporation of the State of Oklahoma, having its principal office in the city of Tulsa, Oklahoma, pursuant to the following By-Law, which was adopted by the Stockholders of the said Company on March 13th, 1947, to-wit: "Article IV, Section 7. - The Executive Officers of the Company shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one more Resident Vice President, Resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such Resident Vice President, Resident Assistant Secretary, or Attorney-in-Fact and revoke the power and authority given him. None of such appointees need be Directors of the Company." The Company does hereby constitute and appoint Debi Moon, Alan Robinson and Steven / Thomas, individually of THE COLONY, TX its true and lawful attomey(s)-in-fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed, Any and all bonds and undertakings of Suretyship And the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said MID-CONTINENT CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Tulsa, Oklahoma. IN WITNESS WHEREOF, MID-CONTINENT CASUALTY COMPANY has executed and attested these presents this 07 day of April ,19 99 ATTEST: _.._.__~~ SARA ON ASSISTANT SECRETARY TODD BAZATA VICE PRESIDENT On this 07 day of April ,19 99 before me, a Notar7 Public of the State of Oklahoma in and for the County of Tulsa, came the individual to me personally known to be the officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, said that he is the therein described and authorized officer of the MID-CONTINENT CASUALTY COMPANY aforesaid, and that the seal affixed to the preceding instnLment is the corporate of said Company, and the said corporate seal and his signature as such officer were duly affixed to the said instrument by the authority and direction of the said Company, and that Article IV, Section 7, of the By-Laws of said Company, referred to in the preceding instrument, is now in force. ..,t~ ~(~.~,~OF, I have hereunto set my hand and affixed my official seal at the City of Tulsa, the day and year fa'st above written. }ST~~[4:.~[ My Commission expires 11 -14-00 '. ,",'.... t.^14 %. ~t ....... ".,n ' .~ L. FAY SCOTT Notary Public Assistm Secretly of mI>-¢oNTn NT cASUALTY COMPANY do hereby c ify that the fore m extracts of the By-Laws and ora Resolution of the Board of Directors o£this corporation, and of a Power of Attorney issued pursuant thereto~ are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. This certifies tha~ any facsimile or mechanically-produced signature of any officer of the Company and Company seal, wherever appearing upon a power of attorney issued by the Company, shall be valid and binding upon thc Company with the same force and ~ffcct as though manually affixed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation ,,- _~- ,., ...... ~'2~ '". this 1 1 th day of NOVEMBER ,19 99 SARA ANDERSON - ' ~ Assistant Secretary "-,,,. Z,a B-8888-MC "'4,.~.,..d,"" BN03600598 AlU Insurance Company American Home Assurance Company American International ....r. omnanies® Granite State Insurance Company The Insurance Company of the State of Pennsylvania Principal Bond Office National Union Fire Insurance Company of Pittsburgh, Pa. 70 Pine Street New Hampshire Insurance Company New York, N.Y. 10270 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, AUSTIN BRIDGE & ROAD, INC. , as Principal, and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, as Surety, are held and firmly bound untoCOPPELL GREENS LIMITED COMPANY/ARGUS DEVELOPMENT C,C~I~'i~Je~,~'Fm~,j~C~m of ONE HUNDRED FIFTY THOUSAND NINE HUNDRED SIXTY EIGHT DOLLARS AND 71/100 uo,ars ($ *'150,968.71'* ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. August 4, 1999 WHEREAS, the Principal has entered into a written contract dated with the 0bligee for 'Paving Improvements to serve Coppell Greens ~;3~-~ Coppell, Texas , and Two (2) years WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of 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 0bligee for all loss that the 0bligee may sustain by reason of any defective materials or workmanship which become apparent during the aforesaid period, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated August 4, 1999 ~ ~'t~~ AUSTIN BRIDGE & ROAD. lNG. I ~ (Principal) (Seal) By ,~ L/Ce' ~ Steven D. Vincent r~i,,i~inn Manager · - ~. THE INSURANCE COMPANY OF Bond No. oo_ct;_n; By ~ ..... (Witness) - -''' AttSmey-I n-Fact Daniel T. Howard 29586 (1/96) ,The lrrsurance Company of the St~-~ of Pennsylvania POWER OF ATTORNEY ' i'rmcipa[ Bond Office 175 \\ atcr Street, New \ .. Nh' 10038 No. 09-B-16803 KNOW ALI, MEN BY THESE PRESENTS: That The Insurance Company of the State of Pennsylvania, a Pennsylvania corporation, does hereby appoint ---Dawn Knight, Paul W. Hill, J. E. Schranz, Daniel T. Howard: of Dallas, Texas--- its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby. IN W1TNESS WHEREOF, The Insurance Company of the State of Pennsylvania has executed these presents :'~~ ~ this lOth day of July, 1998. ?' · ",~ /' ~a~'~n& W. ~'~s~r~-m. Vice President STATE OF NEW YORK } COUNTY OF NEW YORK}ss. On this lff~ day °fJuly' 1998--2' bef°re me came the ab°ye' named officer of The Insurance Company of the State of Pennsylvania, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. CERTIFICATE Excerpts..of Resolution adopted by the Board of Directors of The Insurance Company of the State of Pennsylvania, on May 18, 1976: "RESOLVED, that the Chairman of the Boar& the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to represent and act for and od behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligato~' in the nature thereot; and to attach thereto the corporate seal of the Company, in the transaction of its surety business: "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in thc nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification thc date thercot'~ said date to be not later than the date of deliveD' thereof by such Attorney-in-Fact." I, Elizabeth M. Tuck, Sccrctau' o1' The Insurance Company of the State of Pennsylvania. do hereby certify that the foregoing excerpts of Resolution adopted by thc Board of Directors of this corporation, and thc Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and thc Power ofAttorne5 are in full tbrce and effect. IN WITNESS WttEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation this 4th day' of Augu~ - .. ?,q., . Tuck, Secretary · :::~. ..... THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 175 WATER STREET NEW YORK, NEW YORK '10038 TEXAS NOTICE INFORMATION NOTICE AVlSO IMPORTANTE Para obtener informacion o para someter una To obtain information or make a complaint: queja: You may call The Insurance Company of the Usted puede Ilamar al numero de telefono gratis State of Pennsylvania's toll-free telephone for de The Insurance Company of the State of information or to make a complaint at: Pennsylvania's para informacion o para someter una queja al: 1-800-553-6938 1-800-553-6938 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaintsat: acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Pueda escribir al Departamento de Seguros de Insurance: Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax # (512) 475-1771 Fax # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Si Should you have a dispute concerning your tiene una disputa concerniente a su prima o a un premium or about a claim you should contact the reclamo, debe communicarse con el agente agent first. If the dispute is not resolved, you may primero. Si no se resuelve la disputa, puede contact theTexas Department of Insurance. entonces communicarse con el departamento (TDI). ATTACHED THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document, ad junto. 53594 (5/92) 8371081 -12/02¥99 THU 09:46 FAX 83710a'~ REAL ESTATE OFFICES ~. ~001/002 Coppell Greens Ltd. Argus Development Company of Texas, Ina General Partner 6400 Uptown Blvd. NE #$10-West Albuquerque, NM 87110 (505) 889-3061 phone ($05) 837-1061 fax December 2, 1999 lV[r. Garreth Campbell City of Coppcll 255 Parkway Blvd. Coppell, Texas 75019 Subject: Coppell G~e~ns Phase 2 Deposit for Erosion Co~ttroi As we d~cussed, I received a bid fxom SWPP, Inc. of $5,000 to implement the specified long term ero$iou control plnn for Coppell Green~ Phase 2. Accordingly, I am depositing with the City a Coppell a check in the same a~a~unt (Check No. 1695) which shall be held in escrow by the City of Coppell through the final sell out of the lots. If you reClUSe anything further, you may reach me at 505-889-3061. Sincerely, Cep~ell Greens, Ltd.