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Vistas of C P2-CS000526 P.O. Box 478 Coppell. Texas 75019 972-462.0022 The City with A Beautiful Future P.O. BOX 478 COPPELL. TEXAS 75019 May 26, 1998 Mr. Roben Poole, Land Development Manager Centex Homes 2800 Surveyor Blvd. Carrollton, TX 7.~06 Expired P.E: Vistas of Coppell, Phase lB and 2C 5.26.00 Final Acceptauce Dear Robert: The water, ~ntitary sewer, paving and drainage facilifi~ in the above rcferenc.~l addition were impec~ during comtmction by the City of Col~ll ~ I~tment and were imtall~l according to the plato and our ~cificafiom gow-ming ~ work. As of ~he above date, the facilifi~ are accept~ ~bj~ct to the two-year l~hlt~ane.~ agreement. Thank you for your coo~rafion during this comtmction and if I can be of further service, contact me at (972) 304--3685. Sincerely ....... ¢o~tmction ImI~or cc: Mike Martin, Assistant City Engineer Doug Stevens, Engineering Technician Greg Jones, Chief Building Official C.W. Young Const. Glenn Holloway Bond No. 11133363389 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, TX in the sum of Eighty One Thousand, Five Hundred Seventy Nine and 50/100-($81,579.50) Dollars for 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 8th day of May ,1998. WHEREAS, the said Principal has heretofore entered into a contract with Centex Homes, A Nevada General Partnership for Vista's of Coppell, Trail Phases I & 2 and, WHEREAS, the said Obligee has 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 frotu 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 THURMAN, INC. AMERICAN AUTOMOBILE EXECUTIVE VICE PRESIDE~ KlqOW ALL MEN BY THESE PRESENTS: TI~ AM~itlCAJq AUTOMOBIL~ INSUItANC~ COMPANY. I Corporatioo duly orlm~at and exis~q uda' L. RAY PZTTS, JR., ROBBZ ~ORALES, jo:Ln~:l.y or several].y DALLAS TX ks ~rve and lawful Atiome~(s)*in*Facl. whh full powe~ and luthof'Jt7 hereby conferred in its name. place and Md. to execute, s~tl. ackoowledje and ddi~er any and all bondf, ~. reco~-- ~-- or oU~ written obllsatiou in me mute U~reor ..... and to bind sbt COelMWMiOU theesby st ruby .aid to ~..mme e~.eut _as if.~ ~ m ~ ~ ~e p~ ~ ~ ~ ~ ~ or ~ A~MOB~ ~M~ COMP~ K a ~S d~y ~ ud ~ on ~e 31~ by of J~y, 19~. ~ ~ ~lu~ ~ not ~ J ~ ~~mbmo~~~yof Seg~embq~ 19 97 ~ OF ~~ ~ OF ~~ ~ 23rd ~yor September ~ 97 ~, A. ~a~lonee ~~~0~ lhu~m~~myo~ ~y ~ ~ h~~ · 2 ~ ~ ol ~ ~ or ~ ~ ~ ~ ~n or t~ ~d or ~ms; m r~ h ~e P~ o~ me n~ h r~. ~~"'~,o,~D~, ~ ~yof ~ 19~ . The Ohio Casualty Insurance Company 136 N. Third Street, Hamilton, Ohio 45025 Maintenance Bond Know All Men By These Presents, That we, C.W. Young Construction, Inc. as Principal, and THE OHIO CASOALTY INSURANCE COMPANY, a corporation organized under ~ laws of the State of Ohio, with principal offices at Hamilton, Ohio, as Surety, are held and firmly bound unto The City of ¢oppell (hereinafter called the Obligee), in the penal sum of Two .hundred. &..sixt¥...two thousand sever. h undr.ed...a nd...t wsnt.y., l:.hree do.l. lar a..and..80/t00 ........................... ($ 262,.7:23.80 ...... ) 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 ....... 1st .... day of ....... ApFil .................. WHEREAS, the said Principal ha~ heretofore entered into a contract with the Ohligee above named for The Vistas of Coppell, Phases lB & 2 C Water, Sanitary Sewer & Storm Drainage ands 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 theae..per..aec~p~l~do~,¥ the .............................. 19 ....... , indemnify the Obligee against any loss or damage directly arising reason of any defect in the material or workmanship which may be discovered within the period aforesaid, then this obligation shall be void; otherw~ 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 here- under after the expiration of thirty days from the end of the maintenance period as herein set'forth. Ca~'ll~.r~ COPY OF POWER OF A~ O1 o CAgl/ALTIr IN C . ,~ Om~ ~N, OmO ~. 26-061 of authori~ ~t~ by ~icle ~, ~ion 7 of the BpLaws of ~d Comply, d~ hereby nominate, co~itute ~d ap~t: 0erry 0ordan or ~ut~ie ~it~ or Traci Davis o~ Arlington, Texas its tree md ~I ~nt md a~om~ -~-f~, to m~e, ex--re, m~ md deliver for ~d on i~ ~h~ ~ s~. its ~ md ~ my md ~ BO~S, ~T~GS, md ~COG~ANCES, not exce~ng in my sinOe i~ce ~E ~ILLION (* 1,000,000.00- )DoH~ u~n~ bower, my ~n~s) or un~n~s) ~t~g the ~yment of not~ md inter~ thermn And the ~on of s~h ~n~ or undm~n~ in pursu~ce of th~ pr~n~, sh~ ~ ~ b~ng u~n ~d ~mp~y. ~ ~Hy ~d ~ply, to ~ intents md pu~, ~ if the~ h~ ~en 8~y executed md ~ledged by the ele=~ o~cen of the Comply ~ iu o~ce N Hmilton, Ohio, in tne~ own proof ~ns. ~e authofi~ ~t~ hereunder su~rsedes ~y previous authofi~ heretofore ~mt~ the a~ve nmed auom~s~-f~ O N ~S ~E~OF, the undeni~ o~cer of the ~d ~e Ohio ~umce Compmy h~ hereunto ~b~fi~d ~ nme ~d ~ the ~me ~ md ~e ONo ~ ~ ~m~y thN 0~h ~y of Nov4~b~p 19 89. STA~ OF O~O, ~ ~. ~i~t CO~ OF B~ On this 8~h ~y of N0vembe~ A.D. ~ 89 ~o~ the ~b~fi~r, a Not~ Public of the State of Ohio, in ~d for the Cou~ of Buffer, duly comm~ioned md qu~e~ ............ ~u ~m~ uy me uuly sworn ~e~ ~ mtn, t~ be Is the o~cer of the Comply ~or~  Se~ at ~ ~O~ ~OF, I have hereunto ~ my h~d ~d ~ my ..: My Core.ion expir~ ..... This ~w~r of morney N ~t~ under md by autho~ of ~icle ~, ~ion 7 o$ the By-~ of the Comply, ~pt~ its ~re~on on April ~ 1%4, cum from which read: ' "~C~ ~" ~r~ "~ion 7. A~intment of ~tt?~-in-~, ~c.. ~e ch~ of the ~ th~ pr~i~nt, ~y vie~pr~n~ th. ~ or my ~mt ~ sn~ ~ m~ i hereby v~ with ~ ~wer md autho~ to ap~t . aeu er ~y ~a ~ ~n~ ~5~' mp~latlons, ~de~m~ or mher i~menu of .r~hip ~d ~d~ division~. ~ mr unicom ~ or ~ ot county or state, or the Umt~ Stat~ of Ame~c~ or to ~y other ~ti~ sun This inst~ment is si~ed md ~ed by f~simile u authorized by the following R~lution ~opt~ by the ~on of the Comply on ~y 27, 1970: "~OL~ ~ the signatu~ of ~y o~cer of the Comply autho~ by ~icle ~ ~ion 7 of the by-laws to ap~t attorneys in f~, the si~ature of the ~cr~ or my Auiumt ~ret~ certain to the corr~n~ of m ~ -~f a ~w~r,o[. at~orq~ md tee ~ of the ~mp~y may ~ ~ by ' ' g Y P · f~tmsle to my ~wer of attom~ or copy ther~ ~u~ on, ~n~ ot t~e .Compmy. Such si~atur~ ~d ~ ~ hereby ~opted by the Comply u o~gin~ signat~ ~d ~, to ~ v~d md bm~ng u~n the Comply with the sine force ~d eff~ ~ though m~u~ly ~ed." CER~ICA~ I, the un~ni~ ~i~t ~r~ of The Ohio C~u~ty ~sur~ce Comply, do hereby ceni~ that th~ forgoing ~w~ of attorney, ~icle ~ ~ion 7 of the by-laws of the Comply md the a~ve Re~lution of iu ~d o~ire~on ~e t~e and corr~ copi~ md ~e in ~11 force md effe= on thN ~te. ~ ~ ~ ~ 1~ As~stant ~eta~