HomeMy WebLinkAboutItem 06.lJuly 13, 2011
Proposed Action
Staff recommends adoption of the following motion: Move to approve the final acceptance of
public utilities and street improvements within Meadowlark Wren.
Overview
Dakota County Community Development Agency submitted a letter, dated June 21, 2011,
requesting acceptance of the public utilities and street improvements within Meadowlark Wren.
The utilities were constructed in 2007 by Carl Bolander & Sons Co. The curb and gutter along
with the first lift of bituminous pavement were installed in 2009, and the wear course was
installed in 2010. The utility improvements for the above- referenced project have been tested
and inspected by WSB and the Public Works Department. A Maintenance Bond is not required
from Carl Boiander & Sons Co. because the utilities were installed over two years ago and the
warranty period has expired. The required one -year maintenance bond and final lien waivers
have been received from Weber, Inc.
Engineering recommends approval of final acceptance of the public utilities and street
improvements for this project.
Primary Issues to Consider
None.
Supporting Information
• Letter from Lori R. Zierden, Dakota County Community Development Agency, dated
June 21, 2011
• Mai nance Bond
eith H. Nelson
City Engineer
Item No.
JULY 18, 2011 CITY COUNCIL AGENDA ITEM
MEADOWLARK WREN
FINAL ACCEPTANCE OF PUBLIC UTILITIES AND
STREET IMPROVEMENTS
cc: Lori R. Zierden, Dakota County Community Development Agency
Financial Impact: $ None Budgeted: YIN Source:
Related Documents (CIP, ERP, etc.):
Notes:
CDA
June 21, 2011
City of Lakeville
20195 Holyoke Avenue
Lakeville MN 55044
Re: Final Acceptance of the Public Streets & Utilities
Reduction of Letter of Credit
Meadowlark Townhomes
Dear Mr. Feller and Mr. Johnson:
The Dakota County Community Development Agency (CDR) is requesting final acceptance of the public
streets and utilities for the Meadowlark Townhomes development. The project is complete and the CDA
has complied with the Development Contract and met most of the required obligations. Once the public
streets and utilities are accepted, the CDA is also requesting a reduction in the Letter of Credit. We will
provide the Final Lien Waiver and Maintenance Bond as we receive them.
Please contact me with any questions at 651 -675 -4479 or lzierdenc dakotacda.state.mn.us.
Sincerely,
Lori R. Z rden
Real Estate Spetialisi
Dakota County
Community Development Agency
1228 Town Centre Drive • Eagan, MN 55123 -1 066
tel 651 - 675 -4400 0 fax 651 -675 -4444
inEADowLilek
10/ 2EN
KNOW ALL MEN BY THESE PRESENTS, That we, Weber, Inc.
110 Frank! n Center, North St. Paul, MN, 55109
(hereinafter called the Principal), and Fidelity and Deposit Company of Maryland
3910 Keswick Road, Baltimore, MD, 21211
(hereinafter called the Surety), are held and firmly bound unto City of Lakeville
20195 Holyoke Avenue, Lakeville, MN, 55044
(hereinafter called the
Obligee), in the full and just sum of THIRTY -ONE THOUSAND TWO HUNDRED NINETY
AND NO /100THS ($31,290.00)
Dollars, lawful money of the United States, for the payment of which well and truly to
be made, we bind ourselves, our heirs, administrators, executors, successors and assigns
jointly and severally, firmly by these presents.
WHEREAS, said Principal has entered into a certain contract with
Meadowlark Family Housing Limited Partnership dated 9 -1 -09
for LHB Project No. 070374, Meadowlark Townhomes - Phase II, Lakeville, MN
Effective Date of Bond: 7/19/11 to 7/19/12
which contract has been or is about to be completed and accepted.
AND WHEREAS, specifications and contract provided that Weber, Inc.
should guarantee the project free from defects caused by
faulty workmanship and materials for a period of One (1) years, general wear
and tear excepted.
NOW THEREFORE, if the said project shall be free from defects of workmanship and
materials, general wear and tear excepted, for a period of One (1) years, from
the date of acceptance of the work, then this obligation shall be null and void; otherwise
to remain in full force and effect.
Signed, sealed and delivered 7th day of July, 2011
itness
MAINTENANCE BOND
Bond Number 9008575
Fidelity and Deposit Company of Maryland
Surety
BY: e 4 , j ed s
Melia V N� Ngr -din; Atstorney -in -Fact
Witness
(Notary Seal)
STATE OF ievAry 3 r oo
(Notary Seal
(Notary Seal)
INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT
STATE OF
ss
COUNTY OF
On the day of , before me personally appeared
known to be the person(s) described in and who executed the foregoing instrument, as
Principal(s), and acknowledged to me that _he_ executed the same as his /her /their free act
and deed,
COUNTY OF ,2, c
On the 7th day of July, 2011 before me personally appeared 7 r3 -to me known,
who being by me duly sworn, did say that helshe is the ,420 of Weber,
Inc., the corporation described in and which executed the foregoing instrument; that he /she
knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the board of directors of said corporation; and that he /she sigped
his /her name thereto by like order
CORPORATE ACKNOWLEDGMENT
5S
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF MINNESOTA
ss
COUNTY OF Hennepin
to me
On the 7th day of July, 2011, before me personally appeared Melissa M. Nordin to me known,
who being duly sworn, did say that he /she is the aforesaid officer or attorney -in -fact of the
Fidelity and Deposit Company of Maryland a corporation; that the seal affixed to the foregoing
instrument is the corporate seal of said corporation, and that said instrument was signed and
sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors;
and the aforesaid officer acknowledged said instrument to be the free act and deed of said
corporation,
Nt
,1 ?ivlLC? Iris ' iemants
Ntxta<y Public
P,hnncsr1a.
is., anU &rv31,2012
i,i�s:c3,1�1�,;l F.rls '�s J
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By- -Laws of said * ny, which are set forth on
the reverse side hereof and are hereby certified to he in full force and effect on the d ereby nominate,
constitute and appoint Terry STARKS, David E. SELL, Melissa M. N ' i'' o r . ". ;`NTS, Alan STARKS,
Joan K. REMICK and Danielle CLEMANTS, all of Minns . s r awful agent and
Attorney-in-Fact, to make, execute, seal and deliver .c r a f :.'�
y- � � • � s act and deed: any and all
bonds and undertakings, and the exec t' 4 _ s rt n or u e E' uance of these presents, shall be as
binding upon said Company, as 3; • to a a a ses, as if they had been duly executed and
acknowledged by t c l t + of e �..t fig . L y at its office in Baltimore, Md., in their own proper persons.
This power of atton � t � i* a of Terry STARKS, David E. SELL, Melissa M. NORDIN, Robert E.
CLEMANTS, Alan ICK, dated April 15, 2009.
The said Assistant r y does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of March,
A.D. 2010.
ATTEST:
POA 184 - 8011
Eric D. Barnes
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
f -�v r r /xck
By:
Assistant . Secretary Theodore G. Martinez
State of Maryland ss:
City of Baltimore
On this 16th day of March, A.D. 2010, before the subscri.her, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Constance A. Dunn Notary Public
My Commission Exp.ires:July 14, 2011