Vistas of C P1-CS 971114 Coppell, Texas 75019
214-462-0022
November 14, 1997
Mr. Kenny Hafner
Land Development Manager
Centex Homes
2800 Surveyor Blvd.
Carrollton, TX 75006
FAX (972)417-0422
RE: Vistas of Coppell 1 A
Final Acceptance
Dear Kenny,
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 (214) 304-3685.
Sincerely,
Construction Inspector
cc: Matt Cast, Supt. of Public Services Greg Jones, Building Official
Doug Stevens, Engineering Technician
C.W. Young Const. Co. FAX (972)473-6077
Glenn Thurman, Inc. FAX (972) 557-5096
Bond No. 11133338084
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 Twenty Nine Thousand, Seven Hundred Ninety Two and 76/100---
($29,792.76) 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 10th day of November, 1997.
WHEREAS, the said Principal has heretofore emered into a contract with
Centex Homes, a Nevada General Partnership
for The Vistas of Coppell, Phase lA
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 militaD', 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.
An)' 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 TI-RJRMAN, INC. AMERICAN AUTOMOBILE
BY.._~.:,d~.t~/ t/~ V~ C~' (~,t~ Tomi I. Braun, ~ttorney-in-fact
GENEP..AL
POWER OF
AX'rO~C~-~f AMEK AN AUTOMOBILE INSURANCE CO~,.PANY
XNOW ALL MEN BY THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY, a Corporation duly organized and existing under
the laws ~'f the State of Missouri, and having irs principal office in the County of St. Louis, State of Missouri, has made, constituled and appointed, and does by
these presencs make. constitute and appoint JERRY P. ROSE, TOMI J. BRAUN, DON E. CORNELL,
L. RAY PITTS, JR., ROBBI MORALES, jointly or severally
DALLAS TX
its true and lawful Attorney(s)-in-Fact, whh full power and authority hereby conferred in its name, place and stead, to execute, seal. acknowledge and deliver any
and all bonds, undertaking, recognizances or other written obligations in the nature thereof ..............
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Ankle VI1, Sections 45 and 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full
force and effect.
"Article VII. Appointment and Anthorlty of Resident Secretsdes, Attor~ey.~.Flwt m~d Agents to :wcept Legal Process and M~ke Appe~rat~ces.
Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of
Dlrector~, the Chairman of the Board of Director,, the President or any Vice-President may, from thne to time, appoint Resident Assistant Secretaries and
Atlorneys4n-Fact to represent and act for and on behalf of the Corpo~tion and Agenls lo accept legal process and make appearances for and on behalf of the
Corpor~tion.
Section 46. Authority. The authority o! such Resident Assistant Secretaries, Attorneys-in-Fact and Agents shah be ~s prescribed in the instrument evidencing
their appointment. Any such appointment and all authority granted thereby may be revoked at any time b~' the Board of Directors or by any person empowered to
make ~uch appointment."
Thiz power of attorney is signed and se~ed under and by the authority of the fo[lowing Resolution adopted by the Board of Directors of AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or
repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary. and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,
a~d any power of attorney, any revocation of any power of attorne): or certificate bearin$ such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF, AMERICAN AU'I~MOBILE INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its
corporate seal to be hereunto affixed this
AMERICAN A M IL NCE COMPANY
STATE OF CALIFORNIA
COUNTY OF MARIN
Onthis 23rd dayof September ,19__,97 before me personaliy came M. A. Mallonee
to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of AMERICAN AUTOMOBILE INSURANCE COMPANY, thg
Corporation described in and which executed the above instrument; that he knows the seat of said Corporation; that the seal affixed to the said instrument is such
corporate seal; that it was so afl'axed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
( '~;;::?."; ~ ~-'; ':..'::' ~- ~'-"-" "-' '-" '~ ~ CERTIFICATE
STATE OF CALIFORNIA ~ ss.
COUNTY OF MAP, IN
I, the undersigned, Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURAHCE COMPANY, a MISSOURI Corporation, DO HEREBY
CERTIF~ that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections
ii and ~6 of the By-laws of the Corporation, and the Resolutior~of the Board of Dit,~Xors; set forth in the Power of Attorney, are now in force.
Signed andsealedattheCo, mtyofMarin. Datedthe /O~yof /
~'~.----
360711 --AA-- 11~'!
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 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 . One hundred and ninety .s.even ..
.............. thousand four hundred-and.eighty, four dolLarsand 2~10.0.. 197,.4.84..27..)
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 th;s 21st .. day of .October ........... 19 27.
~HEREAS, the said Principal has heretofore entered into a contract with the Obligee
above named for
Vistas o.~ C.q.~9.19,~11- Phmge lA
:',%.ater, Sanitary Sewer and Storm
and,
XY/HEKEAS, 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 theas ~r accept:ed b~at~eo~ity
....................... 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 defa.lt;
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.
.~0.u~.g C.°ns~r~£t.~:°n.~ In.5: ......
THE ~~I~NCE COMPANY
By ~/a~i D~~ ........ ATTOU~£¢-iN]FACT
Form S-177
Cie. .I1q~.l') COPY OF POWER OF ATI'L, KNEY
OHIO CASUALTY INSURANCE COMPANY
wom~ omc~ ~am.~o., omo NO. 26-06
~Illlfil ~[1 C~,II h~ ~t~l~ ~r~,,tl[,l 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
($ 1,000,000.00 - ) Dollars,
ONE MILLION
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 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.
~,!~.~.~llX!~ 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 ~asualtv. Insurance Company this 8th day of November 19 89.
. ·
....................................................
STATE OF OHIO,
COUNTY OF BUTLER
On this 8th day of November A.D. 19 8~ 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 s
eal 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 ~'~-IEREOF, I have hereunto set mv hand and affixed my Official
_~.~ ,~,~, Seal at the City of ......
· Hamdton, State ot Ohio, th~3a~ and year first above written.
'~%~t~ My Commission expires ......... D~c, ember.....as.,....la~ti .......
This power of attorney is granted under and by authority o{ Article %'1, Section 7 of the By-Laws of the Company, adopted by
its directors on April 2, 1954, extracts from which read:
"A.RTICLE 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-{act
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 o[ suretyship and policies ot
insurance to be given in favor of anv individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boai:ds of county or state, or the United States of America, or to any other po[i'tical su[~-
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 an}- officer of the Company authorized bv Article VI Section 7 of the by-laws to appoint
attorneys in fact, the signature of the Secretary or an?- Assistant Secretary certifying to the correctness of any copy of a
power 'of attorney and the seal of the Companf may be affixed by.facsimil~ to an'v power of attorney or copy 'thereo~ issued
(in 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 mv hand and the seal of the Company this ~ ~ day o
~ SEAL
S-4300-C 4-88 15M Assistant Secretary