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Vistas of C P2-CS 970918- The City With A Beautiful Future September 18, 1997 Mr. Derek E. Earle, P.E. Land Development Manager Centex Homes 2800 Survey on Blvd. Carrollton, TX 75006 Re: Vista of Coppell, Ph 2B Dear Derek, P.O. Box 478 Coppell, Texas 75019 214 - 462 -0022 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 oh 0e« g 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 (972) 3043685. Sincerely, Garr ampbell Construction Inspector GC /akl cc: C.W. Young Const. Inc. Glenn Thurman Inc. Matt Cast Greg Jones Doug Stevens ® The Curio Casualty Insurance company 136 N. Third Street, Hamilton, Ohio 45025 BOND# 3- 524 -530 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 ... & ighty ..e.igh.t ... thou.sand. eigh.t... hundred a fe dolrs 12/ - - - -- ................ ....nd .........ifte..........n ..,..... .la.._ .._.......and ......... ..................... 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 ......_20t.h...... day of ..... A4. 9u. a t .....................19..97.. WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for Vistas of Coppell, Phase 2B 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 said Principal shall, for a period of ...two _ ..... years from and after the.as.. accepted. *#mkity ...- . .... ...................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../fourd.4onstruc t ion, Inc. ......................... THE COMPANY B y TRAC� .................. TRAC AVIS ATTORNEY -IN -FACT Form 1177 CY COPY OF POWER OF A'nj MY THE OHIO CASUALTY INSURANCE COMPANY HOME OFFICE. HAMMTON, OHIO No 26 -061 �inofu �11 ffitn hg f4tst f rtstnts: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article 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, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ON - - - - - - - - - - - - - - - - - - - -- - - - - (s 1,000,000.00- )Dollars, exc owever, 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. 1 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 SEAL said The Ohio Casualty Insurance Company this 8th day of November 19 89 ......................... ............................................................... ......... ....................... STATE OF OHIO, Assistant Secretary COUNTY OF BUTLER I SS. 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 Butler, 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 m hand and affixed my Official �Mt ae4 Seal at the City of Hamilton, State of Ohio, t and year first above written. .......... .......... . . .. ................ . . .. Notary Pub is in nt of Butler, State o Ohio My Commission expires .........�►gr....�5 �.... I �9� ....... 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 VP' "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 or 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 foregoing power of attorney, Article VI Section 7 of the by -laws of the Company and the above Resolution of its Board of Directors 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 pZ0 " _ day 9 Ct l I SEAL • c dmrt uue eau ^ �Assistant Secretary AWk Bond No. 11133337599 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, GLENN THURMAN, INC., as Principal, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a corporation duly licensed to transact business in the State of Texas (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Coppell, Texas in the sum of Ninety Five Thousand, Five Hundred Eighty Six and 40 /100 --- ($95,586.40) Dollarsfor the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, formally by these presents. Sealed with our seals and dated this 24th day of September, 1997. WHEREAS, the said Principal has heretofore entered into a contract with Centex Homes, a Nevada General Partnership for The Vistas of Coppell, Phase 211 and, WH igee as requested that said work be guaranteed against failure because of defective workmanship or material, performed or furnished by said Principal for a period of Two (2) year (s) from date of completion and acceptance, normal wear and tear excluded. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or usurped power, insurrection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the surety under this bond shall in no event exceed the sum stated above. Any suit under this bond must be instituted before the expiration of two (2) years and one (1) day from the expiration date of this bond. No right of action shall accrue upon or by reason of this obligation, to or for the use of benefit of any person, firm or corporation, other than the obligee herein named. GLENN , INC. AMERICAN AUTOMOBILE CE COMPANY BY: BY(� -A� &L GARY Q AYNOR Tomi J. Braun, orney -in -fact ac- vies PR�oL' rollifim of AX'MW49T AMFI'"'^.AN AU1 INSURANCE ` MPANY KNOW XLL MEN BY THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY, • Corporation duly ofgaa,aed and tam' is` under the laws of eke State of Missouri, and having its prtnapal office is the County of btarin. Slate of California, has made, eonsututed and appo, and does by T hese Plateau enake.consutute and appo,at JERRY Pe ROSE TOMI J. BRAUN DON E. CORNELL Jointly or severally lu true a" " U a %,6 in -Fact, with full power and authority hefebyconferTed in its name, place and stead, to execute. seal. acknowl and all bonds. undertaking, recognuAno s or other written obligations is the nature thereof edge and deliver any _ ., _ _ _ _ _ and to bind the Corpmdoo thereby as fully and to the throe extent All if such bonds weft signed by the President. sealed with the corporate real of the Corporation and duly attested by its Socretar% hereby ratifying and confirming an that the said Atiomey(*In -Fad may do in the pfaRima, Then power of attorney Is granted pursuant to Article VII. Sections 4S and 46 of By -laws of AM ERICAN AUTOMOBILE INSURANCE COMPANY now in fu i fora and effect. •Artlde VD. Appolafinent and Aulborkj *f Jtesldeat Serretarfes, Attome7.ta.t'oct aad Meats to accept Leja/ Process and MokeApparpa Secdos 43. Ap Ile Chairman of the Board of Dlmton. the president. any Vice- Presidest or any *that person amkorfred %ii the Board of Dbeetors. the Chairman of the Board of Directors, the President or a■ Vkt�pwideat may. from time to time, appolat Resides, Aasktaof Secre(fides sod A?o d iael to rcpt eseof and act for sod oe behalf of the Coryon os and Agents to accept legal process aad aaalit sppnnaces for and as bekdf of A* Seedo■ 46. Aurboft The authority of such Resident Assistant Secretaries, Attorneys -ls -Pace sod Agents shall be as prescribed is Ike lostrumest evyesdnq tbt4 appolshaent. Asy sucb appoiatmeaf sod an authority granted thereby may be fevoked of sat time by the Board of Dlredon or by any person en"wered N snake such appolatasesst. Tots power of attorney Is signed and sealed under and by the authority of the following Resolu.son adopted by the Board of Dfreaors of AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly tailed and geld on the 31st day of )uly. 1984, and said Resolution has hot bas amended or reptalod: ' , - RESOLVED. slant the signature of any and binning Vice - President, Assistant See cW% and Resident Assistant Sccrctary of this Corporation, and the acv of Ihla and f power o my be a or printed on any power of attorney. on any revontlon of any power of attorstcy. or on any eettiflnre relatiIoon� thereto. by fstaLnile. rney. any re of any power of attorney, or artifleate bearing such faainule signature of facsimile seal ahaU be rand g upon the Corporation. IN WITNESS WHEREOF. AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents to be signed by Its Vioe.President. and its corporate�se to be baeunto affixed thla 2 5th day of January if 9 6 r�= �► k AMERICAN AUTOMOBILE INSURANCE COMPANY o_a_. t. OOP �10 BP STATE OF CALIFORNIA COUNTY OF MARIN On that S t h day of January 19 99 6 . before me personally came M. A. Msilonee to me known. who. being by me duly sworn, did depose and say: that he is Vice-president of AMERICAN AUTOMOBILE INSURANCE COMPANY, tM Corpora darned in and which executed the abovt instrument; that he knows the seal or" Corporation; that the seal affixed to the acid lsstrumeot is sod corporatt teat; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his same thereto by bike order IN WITNESS WHEREOF, I have hereunto act my hand and affixed my of ficiat seal. the day and year herein rust above written. ! A KRIEGER d COMM 10.5112 NOTaar ►Ual hoes sun comiTy 0 ;WTM GCea saw 20. x94! i CERT7>TCA7 s STATE OF CALIFORNIA COUNTY OF MAKIN W. 1. the undersigned. Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY. a MISSOURI Corporatkaa. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains I full rota d has not beta revoked; and furthermore that Article V11. Sections 45 and 46 of the By -laws of the Corporatie.s. and the Resol the Bond of Direct forth the Power of Attorney, are now la fora. Signed and scatod at the County ul M.rla. Dated the of 1! 9v sedilm AmWU. sew" 360711- AA.3."