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Fairways-CS 931230 (2) CITY OF COPPELL 2.~5 PAIU~A¥ BLVD. P. O. BOX 478 ¢OPPELL, ~ 7.~019 (21&) &62-0022 l~rk Up Plans [ ] Plans [ Copy of~ Ninucea [ ] Copy of Latter [ ] Specificitiotm [ j ~a~u~ ot'GIz' t i Note & Fm'wa~l To: [] Retm-n Markup Plum with ~ t-t Note & Rep~ To: COPY TO The City With A Beautiful Future P.O Box 478 Coppell, Texas 75019 214-462-0022 December 10, 1993 Mr. Mike Daniel, P.E. Nathan D. Maier Consulting Engineer Three Northpark 8800 N. Central Expwy. Suite 300 Dallas, TX 75231 Re: Fairway at Riverchase Final Acceptance Dear Mr. Daniel: A final inspection of the above-referenced project has been confirmed by representatives of the City of Coppell subject to the various maintenance agreements. The paving, water, sanitary sewer and drainage has been verified and is in compliance with the City of Coppell standard requirements. Erosion protection will also be maintained until bond expiration. The one-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be one year from the date of this letter. Maturity on the Erosion Control Bond will be two years from this letter. Sincerely, Larry Davis Construction Inspector Howard Pafford, Water Superintendent Kenneth M. Griffin, P.E., City Engineer Rey Gonzales, Street Superintendent Greg Jones, Building Official C.W. Young Mike Boney, Site Concrete Doug Stevens, Engineering Technician SITE CONCRETE, INC. P.O. BOX 140096~=... IRVING, TEXAS 75014 cl PH. 214-313-0733 FAX 214-513.0825 RECEIVED ~0V 1 6 1993 SuDleCt MAINTENANCE BOND KNOW ALL MEN IIY 'I'II~ PRE.<I~NTS: THAT UNTO JUST SUM OF [:OND NO, SITE 9,~'.-'.. SI'IE CONCREI'_E~_IN,]. . ............ Afl: PRINCIPAL, EAGLE INSURANCE COMPANY AS SURETY, Alee IlFLD AND FIRMLY RIVER CIIA;?E ESTATES, LTD A~ 09LIGEE, IN THE FULL POUF, fY ONE TItOUSAND TWO HUNDRED NINETY GIX AND 42./1,.~0 DOLLARS ($41,296,42), LAWFUL MONEY OF TIlE UNITED STATES, TO THE PAYMENT OF WHICH SUM, WELL AND TRULY TO BF MADE, THE PRINCIPAL AND SURETY BIND THEMSELVES:, THEIR AND EACH OR T[JEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS: WItBRBAII, THE PRINCIPAE HAS ENTERED INTO A WRIITFN CONIRACT DATED 25TH,JUNE,, ~9,93 WITH OBLIGER FOR PAVING IMPROVEMENTS FOE FAIRWAYS RIVER CHASE, COPPELL, TEXAS AND WHERBAII, SAID CONIRACT PROVIDES THAI' TIlE PRINCIPAL WILL FURNISH A PO.I, CONDITIONED TO GUARANTEE FOR THE PERIOD OF ONE (1~ YEAR AFTER APPROVAL OF TIlE FINAL ACCEPTANCE ON SAID JOB, BY TBF CITY, AGAINST ALL DEFECTS IN WORKMANSHIP AND MATERIALS WHICH MAY BECOME APPARENT DURING SAID PERIOD. NOW, THEREFORE, TIIFJ CONDITION OF TIIIIS OBLIGATION Iii SUCII THAT~ IF TIIU PRINCIPAL SHALL INDEMNIFY THE OBLIGER FOR ALI. LOSS TII^T THE MAY SUSTAIN BY REASON OF ANY DEFECTIVE MATERIALS OR WORKMANSHIP WH{, H BECOME APPARENT DURING THE AFORESAID PERIOD, TItI,.'N THI,?, OBLIGATION SHALL BE VOID, OTHERWISE TO REMAIN IN FULL FORCE AND EFFECT. SIGNED, SEALED AND DATED THIS THE DAY OF ~ , SITE CON'JREIE, 1993. INC. (PRINC [PAL) DALLAS F IRE INSURANCE C~MP_A!tY ~ ~ ~tFA! FRED THETFORt) A~TO~NEY- I N-- FA,';I EAGLE INSURANCE COMI'AN¥ I '"'7 gal! I'edlo, San A,to,lo, Texas 7873T''~ 9DI~ ID. ~11T.-52_9 GENERAL POWER OF AII'ORNE¥ Know All Mell By '1 hese I?leSeltlS, lhat EAGLE IHsURAttCE COMI'ANY has male. tm~llluled and nl,l,oll~lrd, Ils Ifue and lawlul allomey, lot II ami I1~1 name, place, iud slead Io emecule on behalf Gl Ihe said Cotnpalqy. I1~1 .~lnely. tntmlq, im(Ictlnt hts.1 IUd confiners Gl smelyshlp Io be given lo ALL OBLIGEES p~ovlded Omi no bo~d of unde~lakln! ~ ¢onl~act Gl smelyshlp eseculed umle~ Ihl~ aulhmlll shall e~ceed In amounl Ihe ~nm ~1 $500,000.00 1his Powel ol allome~ I! W~.Ic(J n.(I Is sl~.ed mid ~enle~ ~y Inc~lmlle under mt[! I~y Ihe ~ull~olll~ M Ihe I~dlowln~ ~e~.lqdh'~ Idopled by Ihe Board d Olleclms ol lite Companl on II~e i~h dly M lune, 1991 "IESOD/F.I). Ih~l the Chahmen nf Ihe Itnmd. the Vke ('l)ahmau d lite Ilo.IIci. Ihe I'~eshlcnl. ,n [wee,live Vlre I'lelhlrnl m n .~.,h, Vh e I'tr~l[lr,I of given Po · .All.m.ne/.to '---'L-- mn,Il .tenchm follhemhefeb/~.lulhodtedloalleslllteexecullonoll~/lIKhl'nwe ~ hi Witness Whereof, EA(;I E INSIIR^II£E (.'oM ~AHY I ~g cm~setl lie offklal seal lo be heleu,to affixed, mai Ikcse pte~c,lq In he Illned by the rgesldeM end Illesled by fig Vke ~eslde,ls this Tlh del ~ lull, I~1. ~GI.E INSURANCE coMI'ANY Alle$l: coUN~ OF BEXAR fly: ' me etsonall cnmeSlephenC,Uahlb°,t°mek'own'whnl~ehq~l~ydulys~!rn'dhldvl)''~rm"l O~ th~ 5th d~ ~ lu~, 19~. b~l?e .._.~ .... ~.,*-- d ........ O-n desctil~ed I. m.I which ex.hied tim nh(we I.~t,nn.,.t: d Ihe ~md d ~ d slid COllmlallon and that he signed h~ name hereto by like mdel. ,, ......... Commlss~n expll~l,k~lY 16, 1994 7 , ,, ' .... cERltl ICAI~ '" ' I. Ihe undersigned, ~ceetnty ol II . . ';. :. t_~ .-J t..,i~.~mofe thai II · fle~hd~ M the hna. I illached ~f ~ Allmfle~/craning In lull Iotce leo ilffg ~ol eeen le~scus mm ~. .... , . - lei Iollh k Ihe laid ~ef M Atlmney, Is n~ In lace. SIIned end sealed it Ihe Clly Gl San Anlonlo. In Ihe Sl~le d ~xag. Unled the ~th day, nl.= ~Y .I T ,e Ohio Casualty Insurance Company BBND # 2751365 136 N. Third Street, Hamilton, Ohio 45025 Maintenance Bond Know All Men By The~e Present% That we, C ~ 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 hound unto City of Coppell (hereinafter called the Obllgee), in the ~enal sum of Th.~.Fty 0~0~ tbo.uaaod ~¢gh~ h~Q~¢ and fifty five ~housand and 0¢/100 39855.50 ($ ) Dollars, for the payment of wMch, well a~ truly to ~ made, we do hereby bMd our~lv~, our heirs, executon, admiMstrators, succ~sors and ~signs, joMtly and gverally, f~y by ~ p~t$. DATED this 23~d day of .N~.v.~.m~.~.F. ............... 19...~. ~AS, ~e ~d Princip~ h~ heretofore entered into a contract wi~ ~e Oblig~ a~ve n~M for Fairways of Riverchase 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 one ...... years from and after the.as pec .acceptO[t~fcity 19 indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmmaship which may be discovered within the period aforesaid, then this obligation shall be void; otherwise to he 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. ~D~V IS / ATTORNEY-IN-FACT CERTIFIED COPY OF POWER OF ATTORNEY OI-I CASUALTY INS C COMPANY Horn omc~ ~u~oN, omo No. 26-061 ~tlllfil ~[.l! ~'ll [~ ~I~,8, ~r,~t,Ill8: 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 a~ent and attorney -in-fact to make execute seal and deliver for and on ts beha f as surety, and as ts act and deed any ana a I BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ONE MILLION ......................... ($ 1,000,000.00 - ) Dollars, 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 cluly 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. STATE OF OHIO, SS. COUNTY OF BUTLER 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 m0vemberN01 19 89. 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 Joh]q. B. Vail, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMP~P/' to me personally known to be the mdiwdual 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 salth, 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 sa d 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 my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, ttW'~ and ye~.~rst above written. ~- M Commission ex~ires [3~?~ y ' *ion expires ......... Dei;embev....2g,....l~9l ....... 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 VI" "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president any vice-pees dent the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-n-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 suretyshp and polc es 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 po t cai sun 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 or gnal s gnamres and sea, 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 fo~oing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its B~ard of Dia"t-ora are true. and correct copies and are in full force and effect on this date. ~ ~'/J~ ~ 1N W1TNESS WHEREOF, I have hereunto set my hand and the seal of the Company this ~ day of~/''' '~A.D., 19 S4300-C 4-88 15M The oh';o Casualty Groupof,nsurancecompan es BRANCH OFFICE: 275 W. Campbell Road, Suite 501, RO. Box 833826, Richardson, Texas 75083 3826 Telephone: 214/49%9966, Metro: 214/988-7094, FAX: 214/497-9666 DWIGHT C. WILCOX, Bond Manager December 6, 1993 Mr. Larry Davis, Engineer City of CoppeI! P. O. Box 478 Coppel!, TX 75019 RE: C W YOUNG CONSTRUCTION, INC. BOND NO. 2-751-365-1 (Fairways of Riverchase Project) Dear Mr. Davis: It is our understanding that the maintenance bond required under the contract for Fairways of Riverchase, water sanitary sewer and storm drainage project was rejected due to a misunderstanding regarding the expiration date of the notary~s commission on our power of attorney. We are the surety company for C. W. Young Construction, Inc. and we would like to assure you that the power of attorney attached to the maintenance bond for the city of Coppe!l is stil! valid. Our powers of attorney are continuous instruments and are valid until revoked. P!ease recognize this !etter acknowledging the power of attorney as valid and accept the maintenance bond from C W Young as a valid document. We appreciate your diligence in this matter and apologize for any misunder- standing our power of attorney form may have created. Sincerely~ .~ Mi~:hae! A. Coombs MAC:nb The Ohio Casualty Insurance Company - West American Insurance Company - American Fire & Casualty Company The Ohio Life Insurance Company - Ohio Se~urity Insurance Company - Ocasco Budget, Inc. , ~OMPSI-IN INTERE.~, December 17, 1993 Mr. Doug Stevens Engineering City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 RE: FAIRWAYS OF RIVERCHASE Dear Mr. Stevens; Enclosed is check ~1069 for the amount of $3,365.00which is to be held in an escrow account for two years for The Fairways of Riverchase for our Erosion Control Bond. If you need anything further or have any questions, please don't hesitate to contact my office. Sincerely, William G. Thompson Enclosure 10-92 RIVERCHASE ESTATES LIMITED 8333 DOUGLAS AVE., STE. 1510 369-5200 DALLAS, TX 75225-5811 1069 PAY TOTHE -- City of Coppell ORDER OF. - Three thousand three hundred sixty five Oecember 16, 19 93 I $ 3,365.00 and no/100 .... DOLLARS Received From Address 0019748 '