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Home My WebLink AboutItem 06.cr July 28, 2010 Item No. AUGUST 2, 2010 CITY COUNCIL AGENDA ITEM FIELDSTONE CREEK 6TH ADDITION FINAL ACCEPTANCE OF PUBLIC UTILITIES Proposed Action Staff recommends adoption of the following motion: Move to approve the final acceptance of public utilities constructed within Fieldstone Creek 6 th Addition, Overview D.R. Horton, Inc. - Minnesota submitted a letter, dated July 2, 2010, requesting acceptance of the public utilities constructed within Fieldstone Creek 6" Addition. The major contractor performing work on this project was S.R. Weidema, Inc. The utilities were constructed in 2010. The utility improvements for the above - referenced project have been tested and inspected by WSB & Associates and the Public Works Department. The required two -year maintenance bond and final lien waiver has been received from S.R. Weidema, Inc. Engineering recommends approval of the final acceptance of the public utility improvements constructed with this project. Primary Issues to Consider None. Supporting Information • Letter from Ron Mullenbach, D.R. Horton, Inc. - Minnesota, dated July 2, 2010 • Maintenance Bond K th . Nelson City Engineer CC.' Chris Petree, Operations & Maintenance Director Ken Seurer, Utilities Superintendent Ron Mullenbach, D.R. Horton, Inc. - Minnesota Financial Impact: $ None Budgeted: YIN Source: Related Documents (CIP, ERP, etc. ): Notes: July 2, 2010 Zach Johnson City of Lakeville 20195 Holyoke Avenue Lakeville, MIN 55044 RE: Fieldstone Creek 6th Addition Dear Zach: Veo r Please accept this letter as a formal request for City acceptance of utilities within Fieldstone Creek 6th Addition. I've attached the application and certification for payment and corresponding lien waiver from S,R. Weidema, Inc. for your reference. Should you have any questions, please feel free to contact me at 952 - 985 -7827. Thank you. Sincerely, Ron Mullenbach Acquisitions & Development RECEIVED JUL 15 2010 CITY OF LAKEVILLE ENGINEERING DEM'. MAINTENANCE BOND Bond No. 929506659 KNOW BY ALL THESE PRESENTS, that we, S. R. WEIBEMA INC. (hereinafter called the "Principal "), as Principal, and WESTERN SURETY COMPANY a South Dakota Corporation. of Sioux Falls, SD (hereinafter called the "Surety "), as Surety, are held and firmly bound unto the CITY OF LAKEVILLE MN (hereinafter called the "Obligee "), as Obligee in the amount of Thirty-Seven Thousand Five Hundred Sixty-Five and (S 37, 565.0 for the payment of which are well. and truly to be made, we, the said Principal, and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 9th day of July 20 10. WHEREAS, the said Principal has heretofore entered into a contract with B. R. Horton, Inc. for Utilities at Fieldstone Creek 6th Addition and, WHEREAS, the said Principal is required to guarantee to the City of Lakeville, MN said contract against possible future repairs or replacement costs because of defaults in materials or workmanship which may develop during the period of two ( 2 ) years(s) from the date of acceptance of said work under said contract. This bond shall be effective from 81 10 to 8/3/12 NOW; THEREFORE, if the Principal shall repair any defects in said work occasioned by and resulting from defects in materials furnished by, or workmanship of, the Principal in the performing of the work covered by said contract, occurring within a period of two (2 ) years after date of acceptance of said work by the Obligee, then this obligation shall be null and void, otherwise to remain in full force and effect. Witnesses: S.R. WLIDE! INC. 4 B Scott Weidema, President WESTERN SURETY COMP NY B Linda K. Fren h, Attorney -iri -Fact ACKNOWLEDGEMENT OF CORPORATION Sta to of MINNESOTA } ) s On this 9th day of July 20 10 Counr y of H ENNEPIN } before me appeared Scott Weidema to me personalty .known, who, being by me duly sworn, did say that he is the President of S.R. WEIDEMA INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (lf no seal, sn state, and strike out ahove as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Scott Weidema acknowledged said .instrument to be the free act and deed of said corporation. u" '. .� SANDRA M. DOZE Notary Public County, NOTARY PUBLIC-MINNESOTA My commission expires My Commission Dpipes Jars, 31, 2x14 r ACKNOWLEDGEMENT OF CORPORATE SURETY State of MINNESOTA ) ) SS. On this 9th day of July 20 10 County of HENNEPIN ) before me appeared Linda K. - French to me personally known, who, .being by me duly sworn, did say that s he is the Attorney - --Fact of WESTERN SURETY COMPANY a corporation, that the seal affixed to the foregoing instrument is the corporate seat of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Linda French acknowledged said instrument to be the free act and deed of said corporation. �.,.. SANDRA M, D07F NOrA v PtJ43E.; ;. ),JA My Gommissinn Expires 31, 20fl Notary Public County, My commission expires Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bruce N Tela>nder, Donald R Olson, John P Martinsen, R Scott Egginton, John E Tauer, Linda K French, Craig Remick, Roger W Frank, Nicole Nelson, Rachel Thomas, Joshua R LoLtis, Brian J Oestreich, Individually of Minneapolis, MN, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized offz er of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 7th day of May, 2010. Q� WESTERN SURETY COMPANY L"� io$ 3 ►'�.S�aY '�f Paul . Bruflat, Senior Vice President State of South Dakota County of Minnehaha I ss On this 7th day of May, 2010, before me personally carne Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires bs 444444y yy y4y y 4 yye 4 y 444y } J D. KRELL ; November 30, 2012 s SE t NOTARY PUBLIC a SOUTH DAKOTA s a s X44444444 yy4yyy4y4h4y 4�ay � D. Krell, No ary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 9th day of July 20 10 �a' =`rrr WESTERN SURETY COMPANY .� '+�:�NC>7� l ]► m ®w ...ail / L. Nelson, Assistant Secretary For€n F4280 -09 -06