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Vistas of C P1-CS 980526 Coppell, Texas 75019 972-462-0022 The City With A Beaut' ul Future /~_______~/ P.O. BOX 478 COPPELL, TEXAS 75019 May26,1998 Mr. Robert Poole, Land Development Manager Centex Homes 2800 Surveyor Blvd. Carrollton, TX 75006 RE: Vistas of Coppell, Phase lB and 2C Final Acceptance Dear Robert: 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 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) 304-3685. Sincerely, Construction Inspector 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 AMERIC3aN 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 1 & 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 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 THURM~N, INC. AMERICAN AUTOMOBILE INSURANCE COMPANY A3-mmqL-Y A.M'KRIC--- %! AUTOMOBILE INSURANCE COl~. - NY KNOW M=L MEN BY TI-FES£ P RESF. NTS: Th· AMERICAN AUTOMOBILE INSURANCE COMPANY. · Corporauon duly orsanized and eAts·ins under t~e la~n of 1he Stale of Missouri. and ktvins iu prinOpai offic~ in the County of St. Louis. SLItc of Missouri. his made. cons·lamed arid appointed, and doe~ by tbeseptunumlte, comUtutc end appoint .JERRY P. ROSE, TOHI J. BRAUn, DON E. CORNELL, L. RAY PTTTS, JR., ROBB]~ HORALES, 0o:Lnt:ly or several, ly DALLAS TX iu u'uc and lawful Attoroey(s)=in.F·ct, w~th full power and authority hereby conferred in its na~e, place and stead, to execute, sca1, ·¢knowle~[c and deliver any and aU boa~ undertlking, re~ojnizances or other wmten oblisanons in the nature thereof and to bind the C4m2or~n thereby st fully and to the same e~ent is if such bonds were signed by the President. sealed with the corporate seal of the Corporation nod duly a~_-~_ __.~_ by its Sa:re~. be~eby ratifying and con£u~ing ail thai the said Anorney(s)*in-Fa~ may do in the premises. This power of auorncyis ir·reed pormant to Aflicle VXl. S~.Jom 45 and ,16 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full force and effecz. '*ArtJeb ~!1. App,'-' ~ff~dAIitboriryofR~sid~at~Affor~y~-Ffct~dAfexufoacctpfLrgllptmm~udMakeAppra~ Section 4S. App~nJenf. 3'ue Chairman of the Bo·of of' lY~ors, the Pruidem. toy Vk'e-Prutdent or any other pe~ou tuthorlnd by the Bourd o! D~ora. tim Chairman of the Board of Dire-tars. the Pruldent or any VJce-P~stdent may. from time to time. appoint Resident As~ant SeereUrJsu and Attoroeys4n-Faci to represent ami nc~ for nd on bbalf of the Corporation tBd AJerJU to a~.~;~.~ less] proenn and make appurances for nd on behalf or the sortJou d~. Anf&~.y. The authority of such Rndden! A~dsuat Secm.~. Attorueys-iu*Fact and Agenu shall be ns prasc~bed in the lmm·men· evMendng tbdr appoints·n·. Auy such appointment and nil aathorhy trained Mby may be ~voked at any time by the Board of' Dirt,·on or by any perenu empow~ to This powe~ of attorney is aimed and sealed under and by the authority of the tallowing Resolution ndo~ed by the Board of Directors of AMERICAN AUTOMOBILE INSURANCE COMPANY st a meeung duly caUed and held on the 31st day of July, 19S4. and said Resolution ~ not bcen amended or rcpuded: "RF~LV~D. that the sisnature of any Vice-Pruidant. Assisunt Seercm-y. and Resident Assistant Secretary of this Cor~tion. and the ·cai of this ~tioa uy be affixed or pnnud on any pow~ o! attorney, on any revocation of any power of ·at orney, or on any certificate rehtinS thereto, by facsimile. mi any pow~. of attorney, any r~.ocation o! any pow~ of attorney, or cemf*K:ate bcaring such facsimile si·nature or facsimile seal shll be v~lid mol binding upon II~ Corpou~*** IN WITN~ WH~OF. AMERICAN AUTOMOBILE INSURANCE COMPANY hs caused these pruen~ to be si·ned by its Vice. P _r~_ __.~__. nd its corpome sed to be hereunto att~_-_~ this ~_~rd dsyof September .19 97 STATR OF CALIFORNIA On·his 23rd dsyof Sepcenber 97 Ii. A. Iiallonee , before me personAfly came , to me known, who. being by me duly sworn, did depo~ and say: that'hlegis Vi~"-Prnsident of AMERICAN AUTOMOBILE INSURANCE COMPANY, the Corporation described in and which ~ the above instrument; that he knows the seal of ~ Corpo~fion: that the smd of luted to the said insLrnmem is such Corlx~a= ~ ~ it was so afl~_*__M_ by order of the Board of Directors of ~ Corporldou a~l tim he silned his name ther~o by b'ke order. [lq ~ WHF=R~OF. ! have herenmo m my hand and Iff"Lv. ed my offk:iaJ ~ IM day and ~ herein f"Lrsi above STATE OF CALIFORNIA COUNTY OF MARIN t m. J. the undersilned. Resident Assistant Se:Tea·fy of AMERICAN AUTOMOBILE INSURANCE COMPANY. · MISSOURI Corporation, DO H]~R~BY u~ ny*rows ol me ~auono a~ the Resoluuon of the Bos. rd of i)irncmrs; set forth tn the Power of Attorney, rte now in force. Silnndands~.t4d.,,bcCountyofMAzin. Datedthe ~'~% dayof J~ . 19~ IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P.O. BOX149104 AUSTIN, TEXAS 78714-9104 FAX#(512)475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. The Ohio Casualty Insurance Company 136 N. Third Street, Hamilton, Ohio 4502S 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 The City of Coppell (hereinafter called the Obligee), in the penal sum of Two hundred & sixty two thousand sever hundred and .twenty three dollars and.80/100 --- ($262,72.3.80. .) Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. DATED this .lst day of - . April .... 19.98 . WHEKEAS, the said Principal has heretofore entered into a contract with the Obllgee above named for The Vistas of Coppell, Phases lB & 2 C Water, Sanitary Sewer & Storm Drainage and, WHEREAS, the work called for under said contract has now been completed and accepted by said Obligee; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal shall, for a period of two )'ears from and after theas .pcr. acce~%YdO~,y the .19 , indemnify the Obligee against any loss or damage directly arising bycity reason of any defect in the material or workmanship which may be discovered within the period aforesaid, then this obligation shall be void; otherwise to be and remain in full force and virtue in law. PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its Home Office in the City of Hamilton, Ohio, promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default; and that no claim, suit, or action by reason of any default of the Principal shall be brought here- under after the expiration of thirty days from the end of the maintenance period as herein set xCorth. CERTIFIED COPY OF POWER OF ATI'ORNEY TIIE. O1-1 o CASUALTY IN C .. COMP .... ..o~ omc~ t-t~m.~N, omo No. 26-061 ~uo~ ~[[ ~]~,n b~ ~h,,,, ~r,,ent,: That THE OHIO CASUAL~ ~$L~tNCE COMPANY, in pursu~ce o~ authorkF granted by A~kle ~3, ~ion 7 o~ ~he BF-L~ws o~ said Company, does hereby nominate, constkutc ~d ~p~in~: 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, U.'NDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ONE MILLION - - - ($ 1,000,000.00 - ) Doll~-s, excluding, however, 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 Companv, as fully and amply, to all intents and purposes, as if thev had been duly executed and acknowledged by the regular~ 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 attorne..v(s)-in-fact. ,~t~.~,~l~.~.~.~ 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 said The Ohio Casualty Insurance Company this 8th day of November 19 ~9 ................................................. STATE OF OHIO, COb.'Nq"Y OF BUTLER 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 INSUTOkNCE 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 affmed 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. --~ t IN' TESTLMONY WHEREOF, I have hereunto set my hand and affixed my Official ~~~---~' ~.\__ Seal at the City of Hamilton, State of Ohio, tha,-th~ and year first above written. a '~"~ -~ Notary, Public'-in-,.J c~ r-~fi'nt~of ButleT, St'~'~ o~ Ohio ~ My Commission expires ......... Dei;ember....2~,....l!tgl ..... This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted bv its directors on April 2, 1954, extra~s 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 b~ given in favor of any individual, firm, corporation, or the official representative thereof, or to any coun9' or state, or any official board or boards of county or state, or the United States of America, or to any other political sun division." This instrument is signed and sealed by facsimile as authorized by the {ollowing Resolution adopted by the dire~ors 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-facsimil~ to any power of attorney or copy ihereo~ 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 undersign.ed Assistant Secreta. ty.. of The Obi9 Casualty Insurance Company, do hereby .certify that t.he foregoing power of attorney, Amcle VI Section 7 ot the by-laws ol the Company and the above Resolution ot its Board o~][Sirectors are true and correc{ 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 /~ d~l~'//,.D., 19~'~ · S-4300~ 4-88 1SM Assistant Secretary