Gibbs Station 1-CS 930127 (2)BOND #18-833
West American Insurance Company
HOME OFFICE: 2600 East Nutwood Avenue, Fulleflon,Californla 92631
ADMINISTRATIVE OFFICE: 136 North Third Street, Hamilton. Ohio 45026
Maintenance Bond
Know All Men By 'mm Preoenu, Thet we,
C.W. Young Construction Company, Inc.
ns Principal, and WEST AMERICAN INSURANCE COMPANY, a corporation organized under the laws of
the State of California with Administrative offices at Hamilton, Ohio, ns Surety, are held and fimdy bound
unto
City of Coppell
(hereinafter called the Obligee), in the penal sum of ....l.~.~.r.~.Y
hundred eighty two and 81/lO0's ....................... ($ 35,782.81 .................... )
Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our
heirs, executors, administrators, successors and a~signs, jointly and severally, firmly by these presents.
DATED this ....... ~Tth. . . 3anuary ,o 93
....... oay O! ................................
~'HEREAS, the said Principal has heretofore entered into a contract with the Obliges
above named for
Gibbs Station Phase
and,
WHEREAS, the work callad for under said contract has now been completed and accepted
by said Obligee;
NOW, THEREFOP. E, THE CONDITION OF THIS OBLIGATION IS SUCH, That if
as per accepted by
said Principal shall, for a period of 1 ....... years from and after the ........................... day of
.t~...c..ity .... 1~ ....... , indenmify the Obligee a[alnst any las or d~nase direCtly arlsin[ by
reason of any defect in the material or workmanship which may he discovered within the period
aforesaid, then this obligation shall be void~ otherwise to be and remain in full force and
virtue in law.
PIt, OVIDED, 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 Administrative 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 defaultl
and that no claim, mit, or action by reason of any' de~ault of the Principal shall he brought here-
under after the expiration of thirty days from the end of the maintenance period ns herein set forth.
Form S-177 W.Am.
CERTIFIED COPY OF POWER OF ATTORNEY
WEST AMERICAN INSURANCE COMPANY
ADMINISTRATIVE OFFICE, HAMILTON, OHIO
No. 464
~n0kt c~ll c{~. bv~ ilrh,~se ~r~ents: That WEST AMERICAN INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section I 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
THREE MILLION ........... ? ........... ($ 3,000,000.00 - _)Dollars,
excluding, however, any bond(s) or undertaking(s) guaranteemg 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 .reguarly
elected officers of the Company at its office in Ham~ ton, Oh o, in their own proper persons.
The authority granted hereunder supersedes any prevmus authority heretofore granted the above named attorney(s)-indact.
In WITNESS WHEREOF, the undersigned officer of the said West American
Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
said West American Insurance Company this 8th day of November 19 89.
ST^TS OF OHIO, 1 SS.' .............. ...............................................
COUNTY 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, Vice President of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the
individual and officer described in, and who executed he preceding instrument and he acknowledged the execution
of he same, and be ng by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and
hat the seal aff xed to the preceding nstrument is he Corporate Seal of said Company, and the said Corporate Seal and his
signature as officer were duly affixed and subscr bed to the said nstrument by the author ty and d rect on 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, tb~and year~L~first above written. ·
.......
My Commission expires ..... D~g~.emh~.c...2.6..,....l.fi.6..l .....
This power of attorney is granted under and by authority of Article VI, Section I of the By-Laws of the Company, extracts
from which read: 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 ve!ted wi, th full power and at~thority to appoi? any o_nce or .m_o~.re~
su able persons as a resident Vice President or a resident hmstant ~ecre ary, or o appoint attorneys In tact loc me
of s Kn fig the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and
deliver arSy and a bonds, recogn zances, stipulations, undertakings or other instruments of surety-ship or ,.guarantee, and pol-
icies of insurance to be given in favor of an individual, firm, corporation, or the offca representative thereot, or to any county
or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub-
division.
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on April 24, 1980.
RESOLVED Tha the signature of any officer of the Company authorized by Article VI, Section I, of the By-Laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certify'lng to the correctness of any copy of a power
of attm'ney and the seal of the Company may be affiked bv facsimile to any power of attorney or copy thereof issued on behalf
of the Cbmpany. Such signatures and seal are hereby adopted by the Company as original signatu~'e$ and seal, to be valid
and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATE
1, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section I of the by-laws of the Company and the above Resolution ./?f its ~ of Directors are true
and correct copies and are in full force and effect on this date. ]/~/(~..~ -I ~. I
IN WITNESS WHEREOF, i have hereunto set my hand and the seal of the Company this~/~//' day o~,//'//Lt' A.D., 19~ ~'~
POWER OF ATrORNEy
WEST AMERICAN INSURANCE COMPANY '
.... No. 464
o[ authl.'ity gr~nted h¥ ArlM~ VI, SecU<m I of the By-I.aw~ of said Company, doe~ hereby aominate~ conldtme an~! appoint:
Jerry Jordan or Ruthie Smith or Traci Davis ..... ~ Arlington, Texas - -
' ' ~ . , r~a~ and KEL;(Y~NIZANC.~S, not ~ng in ~y ~ingle
THREE MILLION .................. ,- -- ($ 3,000,000.00 ~
e~<ludmg, however, any bond(s) ur undcnaking(~) guarameeing tbe paymem of~n~s and into'ex
And die ext<ution of such ~nds r unde' ak rigs n ~u/suance of t :ese prc~llt,~
as fully and anlply, ~ a it ents a id purposeg as ff th~ had ~n dul~ exeetlled ~ a~ hindiug u~n ~id C~mpam.,
e]ected ofliee~ of the Company at ts office in Hamilton, Ohin, in their own pto~r ~oR$, and ac~w}edg~ by the ~gula~
In WITNESS WH~RE()F file undcr~ign~ o~iggr of thc s~d W¢s1 Amem'kim
COUNTy OF BUTLER
On dii~ 8th day of November A. D, l~ 89
~}~{ aut~ri~r, a Notary Public of tle Slate nf Ohio ~ and for he ~n~' ~ u .~- ~ , - . , .
John B. Vail, Assi$tlnt ~r~arv of WFXT AMb'~le'~x~ m~e, ,u~x,..~ ~.,~5, amy commtmm~ea ano qualitY, came
dvdua and officer describe' in and *~-';.~'? ~ .... ~ D,~me~z, to, me ~r~ly ~own to ~ thc
nt t~e ~amt., an0 ~elng ~y me 4ul~ ~worn de~th and ~ith that h- ;- -g-. -u:-- ~ t ~ ~ .~
as officer we~ dul~ affixed a~d su~r:~.4 ,.. -~, --:~ :--- __~. Ys . .c ~tu (.~r~{ate ~ and h~
IN TESTIMONY WHEREOF, I have hercuntu m my h~d and ~ixed my Official
~al at tbe City of H~miknn, Stale o~ the day md y~r tim a~iuen, ~
~a~ r~mn~ Butler, State ~ Ohio
This ~wet' of' attorney is grant~ under and by ~urhorh~ of Article ~, ~¢dml I d $~ By-~ of t~e ~ay, extr~ts
fi'om which
ARTICLE ~
~ SECIION L.APPOiNIMENI OF RESIDENi OF}qCERS ihe Cha~an o[ - ~;,~ ....... ~: ~
aeSr?~ry, or aBy ~lstlp~ Sm~re~a~ *hall ~ and ~ her~b~ v~sted ~ th ull uo~er ~d luthofit~ m -,.~;.., ~ .... ~at,
a.ttaple,per~ms ~ a r~sme~t Vice lr?ident or a r~dent A~iatanl ~, or to l..~m ~ ........ }~ ~ a
Thi~ in~trumem i~ figned and ~alcd by f~fimile a~ authored by the follow~g R~lmi~ ~cd hr t~ ~r~on of the
Company on April 24, 1980.
RIL~)I.VED,.Tha},the ~gl~aJure ~ any offi~t of thc C&~paRy authori~ ~ ~ide VI, ~ion 1, ~f the By.~wa to ap~im
attorney~ m f$ct, the atgnatu< ot tbe ~cretary or any Ani~t~t ~reta~ ~t~ymg to the ~ctn~S Of ~:y ~o~ O[ a
o( attoc0¢y and thc ~a{ of the (~tll}~y may ~ aff~ed by fac~ m e to apy ~cr ~ attom~ or ~p~ thereof ~ on
o~ thc Company. Such lig~latu~ and seal are hereby ~np~ by tbe C~m~y ~ ofigill~ a~atur~ ~d ~1, ~ ~ v*lid
and bln~ng u~n the Comply with the salute fu~e and effect as thoub~ man~aRy ~.