CM-05-02-221SUMMIT
RECD F E B 2 5 2005
COMMERCIAL INDUSTRIAL PROPERTIES, INC.
eA-
\)c "0k 9cr st-we�
February 25, 2005
Mr. Jim Nuse
City Manager
City of Round Rock
221 E. Main St.
Round Rock, Texas 78664
RE: Dual Obligee Rider Naming RRISD as Co -Obligee
Turtle Creek Village, Phase 8
Bond #6317231
Dear Jim:
D.R. Horton asked me to get the City of Round Rock to sign the attached bond
rider for the above referenced project. This is required by RRISD in the post -closing
agreement regarding the elementary school site being purchased in Turtle Creek Village.
If there are any questions, please give me a call. After the appropriate person
signs this bond, I will personally pick it up from City Hall. Thanks for the help.
Sincerely,
Jim
Jim Boles
18 CHISHOLM TRAIL • ROUND ROCK, TEXAS 78681
PHONE (512) 244-9707 • FAX (512) 244-9519
Willis
Via Federal Express
(AM Delivery)
February 21, 2005
Ms. Rosemary Estrada
Continental Homes of Texas
12554 Riata Vista Circle, 2"d Floor
Austin, TX 78727
Ref: Turtle Creek Village, Phase 8
Bond #6317231
Dear Rosemary:
Enclosed, please find a Dual Obligee Rider for the captioned bond naming Round Rock
Independent School District as Co -Obligee, as requested by your office. Please review
the rider for accuracy, before having it signed, sealed and forwarded to the City of
Round Rock for their signature and filing (the rider should be filed with the original
bond).
Thank you and we appreciate your business!
Sincerely,
WILL - OF FLORI A
aiutfr_____
Kimberly A. Tavernier
Senior Client Manager — Surety
/kat
Enclosure
cc: Ms. Leslie Coker — D.R. Horton, Inc.
Willis of Florida
3000 Bayport Drive, Suite 300
Tampa, FL 33607
Telephone: (813) 281-2095
Direct: (813) 490-6829
Fax: (813) 281-2234
E-mail: kimberly.tavernier@willis.com
DUAL OBLIGEE RIDER
Bond Number 6317231
WHEREAS, Continental Homes of Texas, L.P. — dba D.R. Horton, as Principal and General
Insurance Company of America, as Surety are bound unto the City of Round Rock, as Owner, for
subdivision improvements in Turtle Creek Village, Phase 8, and
WHEREAS, the Contractor and General Insurance Company of America, as Surety, made, executed
and delivered to said Owner their joint and several Bond, and
WHEREAS, the Owner has requested that the Round Rock Independent School District, (hereinafter
called "Co -obligee") said Co -obligee having a material interest in the performance of said contract, be named as
an obligee in the Bond and has requested the Contractor and the Surety to join with the Owner in the execution
and delivery of this Rider and the Contractor and Surety have agreed to do upon the conditions herein stated.
NOW, THEREFORE, in consideration of One Dollar and other good and valuable consideration, receipt
of which is hereby acknowledged, the undersigned hereby agree as follows:
The aforesaid Bond shall be and it is hereby amended as follows:
1. The name of the Round Rock Independent School District, as Co -obligee shall be added to said
Bond as a named Obligee.
2. The rights of the Co -obligee shall be subject to the condition precedent that all the Owner's
obligations to the Contractor be performed; provided, however, that the aggregate liability of the
Surety under said Bond, to the Owner and the Co -obligee, as their interests may appear, is limited to
the penal sum of the Bond and provided, further, that the Surety may, at its option, make any
payments under said Bond jointly to the Owner and the Co -obligee; and further provided there shall
be no liability under the Bond to the Owner or to the Co -obligee, or to either of them, unless
payment be made to the Contractor.
3. Except as herein modified, said Bond shall be and remain in full force and effect.
SIGNED, SEALED AND DATED this 21st day of February, 2005.
General Insurance Company of America City of Round Rock
SURETY
fri
Kimber , A. Tavernier, Attomey-In-Fact
OWNER
By
Continental Homes of Texas, L.P. — dba
D.R. Horton
CONTRACTOR
0.G• e
o •- -cam cs� c �� E .'�,/'�,�
By
i►,. ��as e) .
FaSAFECCY
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 10171
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
JAMES W. DUNN; DAVID H. CARR; KIMBERLY A. TAVERNIER; ANETT CARDINALE; LINDA J. MEYER; MARGARET A. GINEM; KRISTIN COOK;
PAMELA L. MORGAN; Tampa, Florida
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 30th day of August , 2004
CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify
that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto,
are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 21St day of February , 2005 .
S-0974/SAEF 2/01
CHRISTINE MEAD, SECRETARY
® A registered trademark of SAFECO Corporation
08/30/2004 PDF