ORDER NO. 31280 RELEASE LETTER OF CREDIT FOR RANCHES OF SUNSET RIDGE AND ACCEPT MAINTENANCE BOND Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve releasing the Letter of Credit #221 for $313,735.00 for Ranches of Sunset Ridge and accept a Maintenance Bond #5050114 in the amount of $88,681.28 for one year, to expire on April 15, 2010, to finish the remainder of the items to be completed, located in Precinct 3. ~. ~ 3 COMMISSIONERS' COURT AGENDA REQUEST <3l~ ~" ~ PLEASE FURNISH ONE ORGINAL AND ONE COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. PLATS OR LARGE FORMATS PLEASE FURNISH 6 COPIES. MADE BY: LEONARD ODOM OFFICE: Road & Bridge MEETING DATE: APRIL 27, 2009 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider, discuss and take appropriate action to release the Letter of Credit for Ranches of Sunset Ridge and accept a Maintenance Bond for a year to finish the remainder of items to be completed, Pct. 3. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: LEONARD ODOM ESTIMATED LENGTH OF PRESENTATION 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: (a~ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. ~~ cO~nty o1 ~eN Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 TO: COMMISSIONER'S COURT FROM: LEONARD ODOM DATE: APRIL 27, 2009 RE: RELEASE THE LETTER OF CREDIT AND ACCEPT ONE YEAR MAINTENANCE BOND FOR RANCHES OF SUNSET RIDGE DEVELOPMENT, PCT. 3. THE RANCHES OF SUNSET RIDGE HAVE A LETTER OF CREDIT #221 FOR $313,735.00 THAT EXPIRED ON MARCH 26, 2009. WAYNE WELLS DID A MAINTENANCE INSPECTION ON JANUARY 14, 2009. WAYNE NOTED THAT BROOMING OF THE PAVEMENT WOULD NEED TO BE DONE PRIOR TO ACCEPTANCE, AND THAT THE ROW WOULD NEED AN ADEQUATE STAND OF GRASS AND THAT SIGNS WOULD BE IN GOOD CONDITION PRIOR TO ACCEPTANCE. WE ARE ASKING THE COURT TO RELEASE THE LETTER OF CREDIT #221 FOR $313,735.00 AND ACCEPT THE MAINTENANCE BOND 5050114 FOR $88,681.28. THE MAINTENANCE BOND WOULD BE GOOD FOR ONE YEAR AND WOULD EXPIRE ON APRIL 15, 2010. AT THIS TIME WE ASK THE COURT TO RELEASE THE LETTER OF CREDIT #221 AND ACCEPT THE MAINTENANCE BOND 5050114 FOR ONE YEAR. Kh CC MEMO RANCHES AT SUNSET RIDGE RELEASE L OF C AND ACCEPT MA1NT BOND.doc `~prrr ~iNr" .~. Libel West American Insurance Company ML1tUz al' 9450 Seward Road, Fairfield, Ohio 45014 MAINTENANCE BOND 5050114 KNOW ALL MEN BY THESE PRESENTS, that we, Edmund Jenschke. Inc. as Principal, and West American Insurance Company , as Surety, are held and firmly bound unto Kerr County Road & Bridge, 4010 San Antonio Hwy., Kerrville, TX 78028 (hereinafter called the Obligee), in the penal sum of EIGHTY EIGHT THOUSAND SIX HUNDRED EIGHTY ONE AND 28/100 -------------------------------------------------------- Dollars $ 88.681.28 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: April 15, 2009 WHEREAS, the said Principal has heretofore entered into a contract with the Obligee for Ranches on Sunset Ridge Development -Construction of approx. 1 mile of Kerr County Spec Road 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 ONE (1) 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. Edmund Jenschke, Inc. (Principal) West American Insurance Company By: 5-177 Kim Huoni (Attorney-in-Fact) '. Principal: Edmund Jenschke, Inc. x ~ Obligee: Kerr County Road & Bridge, 4010 San Antonio Hwy., Kerrville, TX 78028 POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY POA Number: 38-627 Bond Number: 5050114 ,,: Know All Men by These Presents: THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company do hereby nominate, constitute and appoint: David E. Sund, Lana Sund, David Todd Sund or Kim Huoni of San Antonio ,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, not exceeding in any single instance TEN MILLION ($10,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guazanteeing 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 regulazly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 23rd day of May, 2005 `TY INSU ypP.-'-"'Rq~l OF VP; ~i ~~C+ _~ SEAL '~~ o ; ; s° Syr'. .'~t STATE OF OHIO, COUNTY OF BUTLER Oi~~GPN INSURgHC~ F: ', n N~ SEAL ~~~ m, .r 71'x. ,Y ~~~ ~Gin/(J'1-Pi/tit-Q~ Sam Lawrence Assistant Secretary On this 23rd day of May, 2005 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 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 deposes and says that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument aze the Corporate Seals of said Companies, and the said Corporate Seals and his signatwe as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. ~'IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. `,~p~+o~t111At Jfj~ 'Za f~~•......-•'~a ~~ '~~dbflNl~tn1 ~~\`` Notary Public in and for County of Butler, State of Ohio My Commission expires August 6, 2007 This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which read: Article III, Section 9. Appointment of Attorneys-in-Fact. The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant Secretary of the corporation 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 to, and to execute, attach the seal ofthe corporation to, 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, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boazds of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boazds of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations ih the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. I ,the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, American Fire and Casualty Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By-Laws of the Companies and the above resolution of their Boazds of Directors are true and correct copies and aze in full force and effect on this date. 1N WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 15th LtY INSU, 3 ~ y0 VP. , ~ o~ ',o 3 o,, SEAL ?~ ~', ;i yY' • t `GP,r11N5U~NC ~: ', n y SEAL ~'~~ w. 3~. ,~ ~~ ~ -~,~ day of April 2009 ~~1~ Mark E. Schmidt Assistant Secretary _, Liberty .1VIu>Eua1. Wes# American Insurance Company TEXAS IMPt~RTANT Nt]TICE To obtain information or make a complaint: You may call Ohio Casualty Bond's toll-free telephone number for information or to make a complaint at 1-800-843-6446 You may contact the Texas Department of Insurance to obtain information an companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P. O. Box 149104 Austin, TX 78714-9104 FAX: (512) 475-1771 Web: http:/Iwww.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispulc concerning your premium or about a claim you should contact the agent or Ohio Casualty Bond first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TEXAS AVIS4 iMPORTANTE Para obtcncr information o pars someter una queja: Usted puede llamar al numero de telefono gratis Ohio Casualty Bond's para information o para someter una queja al 1-800-843-6446 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companies, coberturas, derechos o que}as al 1-$00-252-3439 Puede escribir al Departamento de Seguros Cle TEXAS P. O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http:!/www.tdi.state.tx.us E-mail; ConsurnerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con cl agcntc o Ohia Casualty Bond primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (T13I) UNA ESTE A~IISO A SU POLIZA: Este aviso es solo para proposito de information y no se convierte en pane o condition del documento adjunto. w~ NP 70 b8 09 O1