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Vistas of C-CS 970327The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 March 27, 1997 Derek Earle, P.E. Centex Real .Estate Corp. 1660 S. Stemmons, Suite 150 Lewisville, TX 75067 FAX #(214)219-1452 RE: Vistas of Coppell Phase 2A Final Acceptance Dear Mr. Earle: 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, Chief Building Official C.W. Young Const. Gilco Contracting FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOM~ OFFICES: BALTIMORM. MD 21203 BOND NO. MlqT8028781 Maintenance Bond KNOW ALL MEN BY THESE PRESENTS, that we ....... _G..I..L.C_Q...C..0. N.%_R~___C__T__I_N..G_~_...I.N_C_._ .............................................................................................................................. hereinafter called Principal, as Principal, and.._C...O..L_O_N_I_~._____A/I__E..[.I..C_AN_...C_A_._S_U__~_ _T..Y__~___S_U.R_[~~ ....... a corporation of the State of Maryland, Baltimore, Maryland, hereinafter called Surety, as Surety, are held and firmly bound unto CITY OF COPPELL, TEXAS hereinafter called Obligee in the sum of_._Thtr_t~__T_.h_9_u_s_a_n.d.:_T_h._r..e_e__H_u_n_d_r_ed_Seve____n_tjLF~u~ii ...... ..................................................................................... ( $ 3 0,3_7_4_. 0 0_-_). DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fa'rely by these presents. SIGNED, sealed and dated this ................................................... day of_ ............................................19 ..... Centex Homes WHEREAS, the Principal entered into a contract with~lObx~_lgJ, dated__N.o_y_e_m_b..e_r__!_8___,___l_9._9_6_ ...... fo r _--V--i--s-_-c-a--s-___P_-f-___-C_9-1~ ~.~-l-1..,_.P_h___a__s_ e__ _ .2.~...S..t.r.e. ~_[__~.9. ~__ 5!~ 9J_~ 9~_ ~ g__g ~PY_ 9X~ p~ ................... WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, said contract was completed and accepted on the ............... J ............. day of_ ...................... 19__.. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without cost m the Obligee, any defects which may develop during a period of. ..... ._t.w_.o__(_2.)_ year_s__ from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect, Arrr~?: GILC~ONT,P,A~I~, ~C. Principal [] FIDELITY AND DEPOSIT COMPANY OF MAItYLAI~ Witness: [] COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Tamara E. Shackelford, Attoltnelf-in-Fact FIDELIfY AND DEPOSIT COMPANY OF xvsARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICF~: BALTI~IORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THES£ PRESEwrs: That the FIDELITY AND DEPOSIT COMPANY OF I~YLAND, and the COLONIAL A~IEI~ICAN CASUALTY A~O Scurry CO~A~Y, corporations of the State of Maryland, by C. I~I. PECOT, JR. , Vice-President, and C.W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI. Section 2 of the rnspectlve By-Laws of said Comgntniez, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and_~9~int Charf~l~D. Sweeney, D. W. Sweeney, Bobby E. Mayo and Tamara E. Shackelford,m(.~.~l~'~of Fo~Vorth. Tnv-e. ~s~u ...... me true and lawful agent and Attorney-in-Fact of each, to m)~cute, ~eliver, for, and on its behalf as sure~y, and as its act and deed:any and all bonds and uncl~V~ak£ng$..(4_~CE?T bonds on behalf of ~ or undertakings in p~~ binding upon said Companies, as fully ~owledged b)~ the mgulnsly *letted officers of the respective Companies at their office~ in Bal~O~, Md., in own proper persons. ~h£s power of attorney revokes that issued on behal~C~.~Charl~. Sweeney, etal dated January I, ~ wrr~zs wmm~o~, the ~d V~ ~n~i~ ~ aaa &~'?nt s ha, e hereun~---- ~'~ ~/Secre~ ~b~-~ihed their ~ne~ and ~ed Starry COMPANY this '~'~th .c-~ day of August , A.D. 19 92 COLONIAL .ad~ERIC.ad~l C3~tI~d~TY ~ Ass/s~u Secretary STAT~ OF ~L~RYLAND ~ On~ 14th ~yof August ,A.D. 1992,~fo~esub~d~r, aNo~blicof~S~of~,~ A~ D~S~ CO~ OF ~ ~d ~ CO~L ~E~C~ CASU~ ~ S~ COMPS, w ~ ~y My~sionexp~ ~ay 1~ 1993 CASUAL~ AND S~ COMP~ do ~mby ~ ~t ~ ofi~ Power of A~ of w~ch &e fo~mg ~ a ~1, ~ ~ ~ COMPS. COMP~ OF MAR~ND ~ a ~g duly ~ ~ ~M on ~ 16~ ~y of 1fly, 1~ ~ of ~ ~ of Di~ of ~ CO~L AME~C~ CASUAL~ ~D S~ COMP~ ~ a ~g d~y ~1~ ~ ~d on ~e 5~ ~y of ~m~, I~l. The Ohio Casualty Insurance Company Maintenance Bond Know All Men By These Presents, That we, C W Young Construction, Inc. as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, a corpor,tion organized under the laws of the State of Ohio, with principal offices at Hamilton,-Ohio, as Surety, are held and firmly bound unto City of Coppell (hereinafter called the Obligee), in the penal sum of Thirty ~:bF~e thousart~l' ~wo hundred and seventy three dollars and 15/100 ($ ) 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 3rd day of Eebruary 1997 . WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for Vistas of Coppell~_.~ ~ Uater, Sanitary Sewer and Storm Drainage and, WtlEREAS, 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 as per accept b the said Principal shall, for a period of two years from and after the ~Y ~f city 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 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. C.W. Y uction, Inc. THE O~:NCE COMPANY Rei D~V~ " ATTORNEY-IN-FACT CEI~'~- .'~I~-D COPY OF POwdeR OF ATTC-- OHIO CASUALTY INSLIRANCI COMPANY Ho~ omc~ ~TON, Omo No. 26-061 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 ...... !ts true and law~.l agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as ~ts act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance e0xc~dinMgI, ~kwle0vNer, ~ny'bo-nd~s) ;r u~d;rtaiin"s'- ~ra~tee~n "th; ~ m~nt-of- -- -' - ' -' ($ 1,000,000.00 ~ ) Dollars, gl 1 gu g p y notes ano interest mereon And the execution of such bonds or under~aklngs 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. O In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscr bed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 8th day of November 19 89. STATE OF OHIO, I SS. Assistant $~retary 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 J_o~h?.~B. ,Vall,,Ass!~ant S,ecreLary' of THE, OHIO CASUALTY INSURANCE COMPANY to me personally known to be the ~nu~v~uuaL anu omcer ~escrloeo in, ano wino executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly s~orn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the ~recedin~, instrument is the ~ ....... c~ ~ .~ .-. , , ., ~ - . Corporation. S' ,IN ]~ES ~TI~,,O .Ny. WHEREOF, I have hereunto set my hand and afr'=ed my Official em at the City ot Hamilton, State of Ohio, tlta-~ and year first above written. ....... ~i~"~ Tii;ii My Commission expires ......... Dekerabe~.....25.,.....L~t~l ....... 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-president, the secretary or any assistant secretary shal be and is hereby vested with ful power and authority to appoint attorneys-in-fact for the purpose of signin~ the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recogn zances, stipulat ons, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporat on, 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 sub- 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 thereo~ issued on behalf of the Company. Such signatures and seal are hereby adopted by the Compan,y, as original signatures and seal, to be valid and binding upon the Company with the same force and effect as t~ough manually affixed. CERTIFICATE I, the undersign?d Assistant. Secretary of The Oh o Casualty Insurance Company do hereby certify that the fo£egoin~ ~ower of.attorney, A~t~ele.VI ~ectmn 7 of the by-laws of the Company and the above Resolution o£ its~Board c~' l~W~ors ~ r~.~ ano correct cop~es ana are m full force and effect on this date. .....~ ~/'~' ~-7'5 ....... ~ IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this ~/~'t--- day~.'.~, 19 ~i/~ S-4300-C 4-88 15M