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Vistas of C P2-CS 970327 P.O. Box 478 Coppell, Texas 75019 The City With A Beautiful Future 214-462-0022 March 27, 1997 Derek Earle, P.E. Centex Real Estate Corp. _ _ 1660 S. Stemmons, Suite 150 Lewisville, TX 75067 FAX//(214)219-1452 RE: Vistas of Coppell Phase 2A Final Acceptance Dear Mr. Earle: The water, sanitary sewer, paving and drainage facilities in the above referenced addition were inspected during comtruction 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 two-year maintenance agreement. Thank you for your cooperation during this construction and if I can be of further service, please contact me at (214) 304-3685. Sincerely, Construction Inspector cc: Matt Cast Supt. of Public Services Greg lones, Chief Building Official C.W. Young Corot. Gilco Contracting , · FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Ho~.m Om~tcss: Bsnzm4o~, Mn 21203 BOND NO. MNT8028781 Maintenance Bond KNOW ALL MEN BY THESE PRESENTS, that we ....... _GILCO CONTRACTING, _INC. ~_ hereina_~r called Principal, as Principal, and COLONIAL AMERICAN CASUALTY & SURETY COMPANY a corporation of the State of Maryland, Baltimore, Maryland, hereinafter called Surety, as Surety, are held and firmly bound unto. CTTY OF COPPELL, TEXAS hereinafter called ObHgee in the sum of_ Thirty Thousand, Three Hundred Seventy-Four ........ ($30,374.00z) DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, 8dministrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this .... day of. , 19 .... Centex Homes WHEREAS, the Principal entered into a contract with)~%~w~Yd[]O%~ dated November 18, 1996 for Vistas of CogR.e.l__l_, Phase 2A Street and Alle_y__Pavi.n_g Im_~r_o_vements WHEREAS, the Obligee requires that these presents be executed on or before the final Completion and acceptance of said contract and WHEREAS, said contract was completed and accepted on the ..... day of. , 19__. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without cost to the Obligee, any defects which may develop during a period of. Cwo (2) years from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. ATTEST: GILCOAONTRA~,~N~, ~C. [] FIDl~ATY AND DF. POSIT COMPANY OF MARYLAND Witness: [] COLONV~AL ~H~IERICAN CASUALTY AND SURMTY COMP~uNW Tamara E. ShaekelfOrd, Atto[n~-:f.n-¥act ~ FIDE~tTY AND DEPOSIT COMPANY YLAND i~ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ~ HOME O~tc~: BALTIMORE, MD. 21203 POWER OF ATTORNEY F~ow ALL MF~ BY 'IM~E Pav3mvrs: That ~e l~Dm~TV A~m Dm, osrr COMPANY OF MAaVLAm~, and the CoLOntnL A~mmCA~ Cnsunc~v A~O ~ CO.AnY, corponuions of &e Sine of Maryland, by C.M. PECOT, JR. , Vice-Presideat, and C.W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of thc respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force a~d effect on the da~ hereof, do hereby nominee, consfitu~ and D. Sweeney, D. W. Sweeney, Bobby E. Mayo and ?-m~ra E. Shackelt."ord me true aaa lawful ageat and AUomey-in-Fact of each, to for, and on its behalf as surety, and ~as its act and 6~d:any and all bonds and bonds on behalf of Independent F-xecutors, Community St y Cuardians ...... s or undertakings ia ~ shall be as binding upon said Companies, as fully and .rap. [y, to all intents and purposes, as if they duly u~l acknowledged by the regularly elected officers of · e respeaive Companies a~ a~r offices own proper persons. ~als power of attorney revokes that issued on beha~ Sweeney, etal dated January I, 1~92. I~ Wn'NF.~ Wmm~oP, the and Secretaries have hereunto subacn~a~d their ,~m,s and affixed the Corpomm Seals of the said OF MARYLAND and the COLONIAL AMr~ CASUALTY AND SURE'rY COM~AN'e of August , A.D. 19 92 /h~i.vtant Secretary I~tce-President STAT~ OF MARYLAND CITY OF BALTIMORE On~s l&th dayof August ,A.D. 1992, before the subscriber, a Notary Public of the Sta~e of Matyland, inand for the City of Baltimore, duly commi~ioll{~ ~ qll~fl~d, ~ tl~ I~'ll~Ozl~d Vice-laTesidol~lts alld A$si~allt S~ of tho F[DELrrY AND D~ COMPANY OF MARYLAND ami th~ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me persom~y of the a~me, ami be~ by me duly sworn, severally and each for him~lf d~ ~ saith, ~ ~ m ~ ~ o~ ~ ~ ~, ' No,~ ~,~c EVELYN D. JONES My comm~$iOll ~pil'~ May ], 1993 CERTIFICATE I. ~ um~r~ig~d Ax~ismm Secretory of ~ FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMF. RICAN CASUALTY AND SURETY COMPANY do ~ ~ ~ th~ ori~ml Power of Atlor~y of which the for~oin~ is a full. tree ami con~:~ co~y. ~$ i~ full force a~d effect on the da~ of ~his c~tificam; smt I do fia'd~r c~1~ that the Vice-Pres~ w~ cx~ ~ ~ ~ of A~ w~ Vi~-Presid~m s{~lly authorized by COMPANY. T~ cenific~ nmy ~ s4~ ~ f~csimik ,~d~r ~d ~y ~u~ori~, of reso~ufiom of ~ Bo~d of Di,z~ of ~ FIDELITY AND D~ COMPANY OF MARYLAND ,- a m~ting 4uly called ~d ~14 o~ ~t~ 16~h d~¥ of July. 1969 ami of th~ Bo~4 of Dimm~ of ~ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY a~ a meefiu~ dul~ called ~md h~id o~ the ~th day of D~zmb~x. 1991. RESOLVED: "T~ o~ heritage, r. w~m~,= ~W~m'la~ upon ~ ~nified co~y of ~-y pow= of a~om~, ~ ~y ~ Company. ~ be v~lki ~mt bh~4i,~ upon ~ Com- IN TESTIMONY WHEREOF. I ~68-2682 // C; "' ~/m~ $ecre~7 The Ohio Casualty Insurance Company 136 N. Third Slreet, Hamilton, Ohio 45025 Maintenance Bond Know All Men By These Presents, That we, C W Young Construction, Inc. as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio,-with principal offices at Hamilton,-Ohio, as Surety, are held and firmly bound unto City of Coppell (hereinafter called the Obligee), in the penal sum of ...... Thi~'.tY....t.b.~'.ee..~;.hous~n.f!....t..~o hundred and seventy three dollars and 15/100 ($ ....................... ) 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 3r.d day of ..Fe.b. rua.ry ................ 1997.. WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for Vistas of Coppe!!~_.~ ~ Water, Sanitary Sewer and 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 accept . b_v: the said Principal shall, for a period of tw? years from and after the .................. ~, u, city ........ 19 .. , indemnify the Obligee against any loss or damage direcdy 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 he 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 he'e- under after the expiration of thirty days from the end of the maintenance period as herein set forth. ¢;W.~n~ jtnc.. ............. ' THE O~llO CA,~J.//~.x~_ILANCE COMPANY sr. ......................... ~aci D~is ~ A~NKY-IN-FA~ Form ~177 / THE OHlo CASUALTY INSURANCE COMPANY HOM~ OreCk, HA~TON, omo No. 26-061 of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Jerry Jordan or authie Smith or Traci Davis of Arlington, Texas its true and lawful agent and attorney -in4a~, to make, execute, seal and deliver for and on its behalf as surety, and as its am and deed any and ~11 BONDS, UI~ERTAK]NGS, and RECOGNIZ^NCES, not exceeding in any single instance ONE .MILLION ......................... ($ 1,000 000.00 - ) DoU~, excluding, }~owever, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon ' And the execution of such bonds or undertakings in Eursuance of these presents, shall be as binding upon said Company, as fully and aml~ly, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of me 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. O In WITN~_S 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. COUNTySTATE OFoFOHIO,BuTLER I SS. fi'/ Assonant Secrefary On this 8th day of November A.D. ~9 89 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came .J_o?.~B.,Vail,,Ass!?nt S,ecret.,ary, o.~ THE, OHIO CASUA,LT~. INSU~..NCE COMPANY, to me personally known to be the maivlouai and omcer aescnoeu in, aha 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, t~t'a% and ye~l~rst above written. · '': ~' ....... ~'~ '~; ~'l;~~'~i ~'~ ~'e~ < ~ My Commission expires ......... De~er~er...25,....lag~ ....... 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, 19154, 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." CERTIFICATE I,. the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the fo~gegoing Power ot attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution o~ itl/Board ~L.l;lii~{ors are true and correct copies and are in full force and effect on this date. 1~~ ~'~- a~ % IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this ~55} ' day,~dfz'~A.D., 19//' S-4300~ 4-88 1SM Assistant Secretar,L,