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Reserve-CS000224/_~-) The City With A Beautiful Future iL__..,.,/ PO BOX 478  COPPELL, TEXAS 75019 RO. Box 478 Coppe[I, Texas 75019 972-462~022 February 24, 2000 John Papagolos 5225 Village Creek Dr., Suite 360 Plano, Texas 75093 RE: The Reserve Final Acceptance Dear Mr. Papagolos: A final inspection of paving and utilities for the referenced project has been confirmed by representatives of the City of Coppell. The two-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be two years from the date of this letter. Maturity on the Erosion Control Bond will also be two years from the date of this letter. Sincerely, Construction Inspector cc: Mike Martin, Assistant City Engineer Debi Ingram, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal David Carlton and Guillermo Juarez Dowdey-Anderson (fax 972-931-9538) Lloyd VanGuildner, C.W. Young (fax 817-473-6077) Raymond Stepp, Austin Bridge & Paving (fax 972406-8243) AlU Insurance Company American Home Assurance Company Granite State Insurance Company The Insurance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh, Pa. New Hampshire Insurance Company American International Companies® Principal Bond Office 70 Pine Street New York, N.Y. 10270 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: AUSTIN BRIDGE & ROAD, INC. That, , as Principal; and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA , as Surety, are hold and firmly bound CITY OF COPPELL unto , as Obligee, in the full and just sum SEVENTY SEVEN THOUSAND FOUR HUNDRED THIRTY SEVEN DOLLARS AND 48/100 of Dollars **77,437.48** ($ ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into 8 written contract dated August 11, 1999 with the 0bligee for 'povina Improvements to serve The Reserve CooDell. Texas" , and Two (2) years WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the aforesaid period, then this obligation shall be void; otherwise to remain in full force and effect. August11,1999 Signed, sealed and dated 22-35-14 Bond No. AUSTIN BRIDGE & ROAD, INC. (Se~U) ....... , anager THE INSU~NCE COMPA~ OF THE STATE OF PE~SYLVANIA Daniel T. Howard 29586 (1/96) The Insuranc~ Comp'any of the St'r"- of Pennsylvania Principal Bond Office 175 Water Street, Ney. Y~ , NY 10038 POWER OF ATT()RNE'~ No. 09-B-16803 KNOW ALL MEN BY THESE PRESENTS: That The Insurance Company of the State of Pennsylvania, a Pennsylvania corporation, does hereby appoint ---Dawn Knight, Paul W. Hill, J. E. Sehranz, Daniel T. Howard: of Dallas, Texas--- its true and lawful Attoruey(s)-in-Fact, with full authority to execute on its bchalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatoD' in the nature thereof, issued in the course of its business, and to binsl the company thereby. IN WITNESS WHEREOF, The Insurance Company of the State of Pennsylvania has executed these presents this l0th day of July, 199~8. /? /~. (fa(vi'en& W. ~s~-r~m, Vice President STATE OF NEW YORK COUNTY OF NEW YORK}ss. On this 10~h day of July, 1998~. before me came the above- named officer of The Insurance Company of the State of Pennsylvania, to me personally known to be the individual and officer described herein, and acknowledged that he executed the fbregoing instrument and affixed the seal of said corporation thereto by authority of his office. CERTIFICATE Excerpts of Resolution adopted by the Board of Directors of The Insurance Company of the State of Pennsylvania, on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President. or any Mice President be. and hereby is. authorized to appoint Attorneys-in-Fact to represent and act for and on behalf' of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereot~ and to aUach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such tb, csimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond. undertaking, recognizance or other contract of indemnity or writing obligatory, in the nature thereof; "RESOLVED. that any such Attorm.?-in-Fact delivering ;; secretarial certification that the foregoing resolutions still be in effect ma.,., insert in such certification thc date thcreut said date to bc not later than the date ofdcli;'erv hereo 'by such Attorney-in-Fac" I, Elizabeth M Tuck. Secretar> of The insurance Compan.,, of thc State of Pennsylvania, do hereby ccrtit},, that the lbregoing excerpts of Resolution adopted by thc Board of Directors of this corporation, and the Po~er of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and thc Power of' Attornc? are in tull force and effect. IN WITNESS WHEREOF, I ha,,e hereunto scl my hand and affixed the Pacsimite seal of the corporation THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 175 WATER STREET NEW YORK, NEW YORK 10038 TEXAS NOTICE INFORMATION NOTICE To obtain information or make a complaint: You may call The Insurance Company of the State of Pennsylvania's toll-free telephone for information or to make a complaint at: 1-800-553-6938 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de The Insurance Company of the State of Pennsylvania's para informacion o para someter una queja al: 1-800-553-6938 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 You may write the Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax # (512)475-1771 Texas Department of PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACHED THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Pueda escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 Fax # (512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe communicarse con el agente primero. Si no se resuelve la disputa, puede entonces communicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento ad junto. 53594 (5/92) OHIO CASUALTY GROUP W est American Insurance Company 136 North Third Street, Hamilton, Ohio 45025 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, C. W. YOUNG CONSTRUCTION, INC. as Principal, and West American Insurance Company, as Surety, are held and firmly bound unto CITY OF COPPELL, TEXAS (hereinafter called the Obligee), in the penal sum of SIXTY THOUSAND FIVE HUNDRED SIXTY FIVE AND 00/100 ................ Dollars $ 60,565.00 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: FEBRUARY 11, 20000 WHEREAS, the said Principal has heretofore entered into a contract with the Obligee for WATE1L SANITARY SEWER & STORM DRAINAGE, THE RESERVE, COPPELL, TX 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 the said Principal shall for a period of 2 YEARS years from and after the date of the completion of the contract indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship that may be discovered within the period aforesaid, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that in the event of any default on the part of the 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 hereunder after the expiration of thirty days from the end of the maintenance period as herein set forth. C. W. YOUNG C~lfllSTRUCTION, INC. By: ~'~--~ ~'~ ~,~L~ (Principal) S-177 (11/98) ~ -- ~ By: ~IGHT C. WlL~)X ~Attorney-in-F~t) POWER OF ATTORNEY E OHIO CASUALTY INSURANCE COMPAN AMERICAN FIRE & CASUALTY COMPANY WEST AMERICAN INSURANCE COMPANY No. 33-472 Know All Men by Those Presents: That THE OHIO CASUALTY INSURANCE COMPANY and AMERICAN FIRE & CASUALTY COMPANY, each an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, in pursuance of authority granted by Ardcle VI, Section 7 of the By-Laws of The Ohio Casualty Insurance Company and American Fire & Casualty Company and Article VI, Section 1 of West American Insurance Company, do hereby nominate, constitute and appoint: Dwight C. Wilcox of Richardson, Texas its true and lawful agent (s) and attorney (s)-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 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 Companies, 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 Companies at their administrative offices in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(s)-in-fact In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company, American Fire & Casualty Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 23rd day of September~ 1998. ..,;:., Sam Lawrence, Assistant Secretary STATE OP OHIO, COUNTY OF BUTLER On this 23rd day of September, 1998 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, AMERICAN FIRE & CASUALTY COMPANY and WEST AMERICAN 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 Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Sea] at the City of Hamilton, State of Ohio, the day and year first above wrirten. This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of The Ohio Casualty Insurance Company and American Fire & Casualty Company and Article VI, Section I of West American Insurance Company, extracts from which read: Article VI, Section 7 APPOINTMENT OF ATTORNEYS-IN-FACT, ETC. "The chairman of the board, the president, any vice-president, the secretary or any assistant secretary of each of these Companies 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 Companies as surety to, and to execute, atiach the corporate sea], 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 subdivision" Article VI, Section 1 APPOINTMENT OF RESIDENT OFFICERS. "The Chairman of the Board, the President, any Vice President, a 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 corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instraments of surety-ship or guarantee, and policies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any couniy or state, or the United States of America, or to any other political subdivision" This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies (adopted May 27, 1970-Tbe Ohio Casualty Insurance Company; adopted April 24, 1980-West American Insurance Company; adopted May 21, 1998-American Fire & Casualty Company): "RESOLVED that the signature of any officer of the Company authorized by the By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the cotrecmess 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, American Fire & Casualty Company and West American Insurance Company, do hereby certify that the forego ng power of attorney the referenced By-Laws of the Companies and the above Resolution of their Boards of Directors are true and correct cop es and are in full lbrce and effect on this date ' · IN WITNESS WltEREOF, I have hereunto set my hand and the seals of the Companies this // dayof .~'~.~ ~ [L~ C,,.,~., Assistant Secretary The Ohi( Casualty Grou 136 North Third Street, Hamilton, Ohio 45025 p of Insurance Companies TEXAS IHPORTANT NOTICE TEXAS AVZSO IMPORTANTE To obtain information or make a c~olaint: You may call The Ohio Casualty Group's toll-free telelmhone number for information or to make a c~,~laint at 1-800-843-6446 Para obtener informacion o para scmeter una queja: Usted puede llamr al numero de telefono gratis de Ohio Casualty Group' s para informacion o para sc~eter una queja al 1-800-843-6446 You may contact the Texas Department of Insurance to obtain information on oc~uanies, coverages, rights or c~l~laints at 1-800-252-3439 Puede cc~nicarse con el Departamento de Sec3uros de Texas para obtener informcion acerca de oa,~nias, coberturas, derechos o quej as al 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 AfL, tin, TX 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 ~ne ohio Casualty Group of Insurance C~L~x~zies first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: Puede escribir al Departamento de m~ros de Texas P.O.Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe cc~mmicarse con el agente o la ohio Casualty Group of Insuranoe C~enies primero. Si no se resuelve la disputa, l~,~de entonoes cc~tnnlcarse con el de~ (TDI). UNA ESTE AVISO A SU POLIZA: Esteaviso~ solo para propositode This notice is for information only informacion y no se convierte en and does not become a part or parte o condicion del docum~Yco condition of the attached docum~nt, adjunto. OC 2433 (4/92) The Ohio Casualty insurance Company- West American Insurance Company - American Fire & Casualty Company The Ohio Life Insurance Company - Ohio Securi~, Insurance Company - Ocasco Budget, Inc. WESTCHASE, LTD. 5225 Village Creek Drive, Suite 300 Piano, Texas 75093 972/931-9537 February 24, 2000 Mr. Mike Martin, P.E. City of Coppell P O Box 478 Coppell, TX 75019 Re: Erosion Control Escrow/The Reserve Dear Mike: Enclosed please find a check for $1,214.40 covering the erosion control escrow for the above-mentioned project. The escrow was calculated as follows at the direction of Larry Davis: 2,760 L.F. ~ .88 per L.F. + 2 = $1,214.40 Sincerely, JEP/mkb Enclosure cc: Larry Davis ~1~ -- Dollar. $ L2;t4.40 /mm Imm 1053 WESTCHASE, LTD. OPERATING ACCOUNT 5225 VII. AGE CREEK DR. SUITE 300 PLANO. TX 75093 PAY ORDER OF