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1d. Streets in Chan Vista, 2-4th Additions
, .. id ... I CITY OF ..................4 I .,- .. - , \ , Ai CHANHASSEN 1 fit ' c 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 IO h (612) 937-1900 .c ,., r , ._ II MEMORANDUM ._. __ T0: Don Ashworth, City Manager t- Date c.:11- .6 e SS:3ni:C.l r� LVIY.{i'". ija 1 FROM: Larry Brown, Staff Engineer Submitted to ccuncit DATE: November 21 , 1988 1 SUBJ: Acceptance of Roadway Improvements Chanhassen Vista 2nd Addition, Enterprise Properties IIFile No. 86-8b (pvt) Attached is a letter and one-year warranty bond from the City' s 1 consultant stating that the above-referenced subdivision has been completed in conformance with the approved plans and specifica- tions. City staff has inspected this project and has found it to 1 be ready for the City 's acceptance and perpetual maintenance. It is therefore recommended that the roadway improvements for . Chanhassen Vista 2nd Addition be accepted for public ownership I commencing on the date of this acceptance and that staff reduce the financial security appropriately. IAttachments Letter and warranty bond from McCombs Frank Roos dated Ii . October 31, 1988 . 2 . Location Map. 1 I I I 1 I f ' - � McCombs Frank Roos Associates, Inc. Twin Cities St.Cloud 15050 23rd Ave.N. Telephone Engineers Plymouth,MN 612/476-6010 Planners 55447 Surveyors October 31, 1988 Mr. Gary Warren City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 SUBJECT: Enterprise Properties Chanhassen Vista 2nd Addition Street Construction MFRA #8039 Dear Mr. Warren: ' In regard to the subject project, to the best of our knowledge, the street improvements have been completed in accordance with the previously approved construction plans and specifications. We hereby request the City of Chanhassen to accept the street improvements ' subject to the one year warranty period. Attached for your use is a copy of the one year maintenance bond. If you have any questions, or require any further information, please ' contact us. Very truly yours, ' McCOMBS FRANK ROOS ASSOCIATES, INC. Paul Pearson, P.E. ' PP:aju Enclosure cc: David Segal, Enterprise Properties JJ CITY OF DL L t 7S;i NOV 0 11988 An Equal Opportunity Employer I117t rflt Tr *"".09� "R'Ir,NV!?1 Transamerica Insurance Company A Stock Company/Hume Office. Los Angeles,California Liil Insurance Services I Bond No. 5366 0384 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, Hardrives, Inc. IIof Maple Grove, Minnesota hereinafter called the Principal, as Prin- cipal and TRANSAMERICA INSURANCE COMPANY, a corporation organized and ' existing under the laws of the State of California and authroized to IIbecome Surety in the State of Minnesota , hereinafter called Surety as Surety, are held and firmly bound unto ICity of Chanhassen, Minnesota hereinafter called the Obligee, in the penal sum of ISeventy Six Thousand Seven Hundred Twelve & 50/]00 Dollars ($ 76,712.50 ) I to which payment well and truly to be made we do bind ourselves, out and each of our heirs, executors, administrators, sucdessors and assigns jointly and severally, firmly by these presents . IWHEREAS, the said Principal entered into a contract with the Enterprise Properties dated March 11, 1987 for Chanhassen Vista 2nd Addition WHEREAS, said contract provides that the Princpal will furnish a bond Iconditioned to guarantee for the period of one year (s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period. IWHEREAS, the said contract has been completed and was approved on 14th day of October , 19 88 . NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the I Principal shall indemnity the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which be- come apparent during the period of one year (s) from and after October 14, 1988 , then this obligation shall be void, otherwise to Iremain in full force and effect. Hardrives, Inc. -, _ /7 I IN i Kenneth R. Hall, President • Transamerica Insurance Company i� e--//• t - Patricia H. Borchers, attorney-in-fact Iff Transamerica Insurance Company A Stock Company/Home Office: Los Angeles.California III Insurance Services Power of Attorney I KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California,does hereby make, consti- tute and appoint Duane Mischke, Dan Borrell, Patricia H. Borchers of Minneapolis, Minnesota and Bert Holvik of Fargo, North Dakota * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf on the Company as surety, to I execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof,as follows: Any and all bonds and undertakings, UNLIMITED IN AMOUNT, in any single instance, for or on behalf of this Company, in its business and in accordance with its charter, * * * * * * * * * * * * * * * * * * * * * * * * * I * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and to bind TRANSAMERICA INSURANCE COMPANY thereby,and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents,are hereby ratified and confirmed. I This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect. ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of I indemnity, endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President,any Vice I President or by any other officer,employee,agent or Attorney-in-Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) and Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary, I which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President.A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. I This Power of Attorney is signed and sealed by a facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execu- tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as I though manually affixed." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to hereunto affixed this 15th day of August ,19 85 I : --, - : „),X;;; Z:--0-1-4--e------ 6(H.Tanner,Vice President I State of California County of ) ss On this 15th day of August , 19 85 ,before me LaVerne Wolff,a Notary Public in and for the said I County and State, residing therein, duly commissioned and sworn,personally appeared J.H.Tanner personally known to me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me 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 I 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. f,,, wMMMMUmwMMIMMMMw,MwMMMwnuMUxmuOOMUwumuuwMino c//leijL( I 4- ° OFFICIAL SEAL = ,; LaVERNE WOLFF € LaVerne Wolff, Notary Public NOTARY PUBLIC.CALIFORNIA = in and for the County of Los Angeles, California W)_, . PRINCIPAL OFFICE IN LOS ANGELES COUNTY = My Commission Expires June 27, 1986 i w«uunU,11„1,1„u„11„r,,,,,,a/a/uumiuui„uwumwirwwxuuurwuiwu mo uii 1719 C (Continued) 2-84 I ■ ACKNOWLEDGEMENT ISTATE OF MINNESOTA IICOUNTY QF Hennepill On this 14th October 88 before me a da of 19 Notary Public within and for said Count Kenneth R. Hall Y. Personally appeared know, who being by me duly sworn did sa to me Personally, I of Hardrives, Inc. y that is the President the foregoing instrument, , the corporation named in and that the seal affixed to said � � sent is the Corporate Seal of said and Sealed co instrument oration, and that said instrument was signed in behalf of said o0 Directors and rPoration by authority of its ' said Kenneth R. Hall Board of stnarient to be the free acknowledge said in- ' act and deed dee of said corporation. rPoration. A1.-.• +c v•.,i }'. NS'-Y'Ky4 e.i)e^-. ...- ;,. Cannission Expires: May 18, 1990 �:L<'.{,N' +. ICK f R+' 'f '� _;13I fCOP I — — .y Commsslol Eko res May 18. 1990 4 4`b.�1VA.s.�]r• W{ 1' I • I • I limilk I I `�� n I o ENE ryi <7 , c al \ 01 ketrili i , , * \ 0 taillb .' . DRIVE � � �` ,J.. ♦ o � . .gym WO" az umitairw"ow lei tik t ,,, 1 .. Ig. iiiiiid!!!Meilli POWERS 0 .. . ; Ersof.,"ii%1�1�• 1.3 1 f1thJ 7 i t"/ ,,, 0 ��::��r��,������s "'�► cry LI ��;�� kit 00 1 � �*s -,k c i '� �► , .t © s ir,;A 0o1 1 11 WI= III . KERB R— r vivii. ii • a L ii 1.1 P 4111 tam ka 471; Icriii:s -y ,- '' - .-. Ir;,_41 A r› ,,' (1 4 It" ____ r II %La Ran "`\ ; °Iftrfam 2 . 44# \ *14 f 11- 11‘‘. =17 25111111 Co musitail •Geb I Algal%P°. IA A -1.,_4.133...,.- 1 rvi:•,02.44 ., givApraz Ito At tog_ , xaa LAREDO . ■ / G fr-07-.;,_t.;‘,-4;0 ,-- • ,„,-.-__,--- -•-,_____ f 2): D ■41 la IIIIIIIIIIIII iiezx-7,. ",!. ap II ill IMMIX Lia ,,,. ,L►, t ./1104 ' �-Ar— til ,,• di 1101,,ii CD triBEZEI4 L9 IVS. 40 • raig ,'' 4*.p °a.'" rk ..s.„......-N, &© pslur a1. 1.1.. .■ ►*,, . /.41 ��cs ry � ;terMIN ■� ill. E - 04 4 Al prim ra 1105i.a;;ANI VA :41 MeAll■ • Itial r o - ,r ida CITY OF ...................... ,.: _,,A . CHANHASSEN f '11.; .fi 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 a T`''. (612) 937-1900 Aclien by City ildrnip!--,t-lWr MEMORANDUM TO: Don Ashworth, City Manager / if R'•a"x FROM: Larry Brown, Staff Engineer 0,0 _, DATE: November 21 , 1988 / _ jLIA SUBJ: Acceptance of Roadway Improvements Chanhassen Vista 3rd Addition, Enterprise Properties File No. 86-8c (pvt) Attached is a letter from the City' s consultant and a one-year warranty bond stating that the above-referenced subdivision has been completed in conformance with the approved plans and speci- fications. City staff has inspected this project and has found it to be ready for the City ' s acceptance and perpetual main- tenance. It is therefore recommended that the roadway improvements for Chanhassen Vista 3rd Addition be accepted for public ownership commencing on the date of this acceptance and that staff reduce the financial security appropriately. Attachments 1 . Letter and warranty bond from McCoombs Frank Roos dated October 31, 1988. 2 . Location Map. McCombs Frank Roos Associates, Inc. Twin Cities St.Cloud 15050 23rd Ave.N. Telephone Engineers Plymouth,MN 612/476-6010 Planners 55447 Surveyors October 31, 1988 Mr. Gary Warren City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 SUBJECT: Enterprise Properties Chanhassen Vista 3rd Addition MFRA #8191 Dear Mr. Warren: In regard to the subject project, to the best of our knowledge, the street improvements have been completed in accordance with the previously approved construction plans and specifications. We hereby request the City of Chanhassen to accept the street improvements subject to the one year warranty period. Attached for your use is a copy of the one year maintenance bond. If you have any questions, or require any further information, please contact us. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. Paul Pearson, P.E. PP:aju Enclosure cc: David Segal, Enterprise Properties vi. tIF lnrisi{is� ri��` NOV 8 1 1983 An Equal Opportunity Employer ?►f"'' �.�„A�..,)pp+ax��atnf�gin!w Transamerica Insurance Company Il'" T u.. :....:..),�7 rill r ..r A Stock Company/Horne Office. Los Anpuies.California ts;;;I Insurance Services Bond No. 5366 0385 • MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS , THAT WE, Hardrives, Inc. of Maple Grove, Minnesota hereinafter called the Principal, as Prin- cipal and TRANSAMERICA INSURANCE COMPANY, a corporation organized and existing under the laws of the State of California and authroized to become Surety in the State of Minnesota , hereinafter called Surety as Surety, are held and firmly bound unto City of Chanhassen. Minnesota hereinafter called the Obligee, in the penal sum of Ninety-Eight Thousand Nine Hundred Fifty-Two and 50/100----Dollars ($ 98,952.50 ) to which payment well and truly to be made we do bind ourselves, out and each of our heirs, executors , administrators, sucdessors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the Enterprise Properties dated March 11, 1987 for Chanhassen Vista 3rd Addition WHEREAS, said contract provides that the Princpal will furnish a bond conditioned to guarantee for the period of one year (s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which m‘iy become apparent during said period. WHEREAS, the said contract has been completed and was approved on 14th day of October , 1988 . NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall indemnity the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which be- come apparent during the period of one year (s) from and after October 14, 1988 , then this obligation shall be void, otherwise to iemain in full force and effect. Hardy' es, Inc. / Kenneth R. Hall, President Transamerica Insurance Company& Patricia H. Borchers, attorney-in-fact �r Transamerica Transamerica Insurance Company A Stock Company/Home Office: Los Angeles. California Insurance Services Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California,does hereby make,consti- tute and appoint Duane Mischke, Dan Borrell, Patricia H. Borchers of Minneapolis, Minnesota and Bert Holvik of Fargo, North Dakota * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf on the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof,as follows: Any and all bonds and undertakings, UNLIMITED IN AMOUNT, in any single instance, for or on behalf of this Company, in its business and in accordance with its charter, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and to bind TRANSAMERICA INSURANCE COMPANY thereby,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect. ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer,employee,agent or Attorney-in-Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) and Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President.A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by a facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execu- tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to hereunto affixed this 15th day of August ,19 85 0 By ....) ..:.-0-.--,--c...----- 6{H.Tanner,Vice President State of California County of )ss On this 15th day of August , 19 85 ,before me LaVerne Wolff, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn,personally appeared J.H. Tanner personally known to me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me 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. (74/1 y 44 1111111U1NII1111111111111111111111111111111111111111111111X1X11111111N11111N11111NIIXIIIIIIIX1UI 4t.:.7-+� OFFICIAL SEAL 1. -, LaVERNE WOLFF - LaVerne Wolff, Notary Public I `� NOTARY PUBLIC-CALIFORNIA = in and for the County of Los Angeles, California \ r_ PRINCIPAL OFFICE IN 1 _/ LOS ANGELES COUNTY My Commission Expires June 27, 1986 s_i W11X111....11W1111 NN1111N 11WMNy111111N1111111111U1111NINNNNN111111111NWWN1INWIII s 1719 C (Continued) 2-84 ACKNCWIEDGEMENT STATE OF MINNESOTA COUNTY OF Henn in On this 14th day of October 88 19 Y , before me a Notary Public within and for said County, personally appeared Kenneth R. Hall to me personally, know, who being by me duly sworn did say that he is the President of Hardrives,Inc. the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the Corporate Seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said Kenneth R. Hall acknowledge said in- strument to be the free act and deed of said corporation. ()Awl J V( Iw •>.. Commission Expires: May 18, 199n • s,Bddr 1: : • ,;. ;•cis ir,:_v tc. is-•0 a ' � f a \ /lir eg .6 \ ,..lire- 1\ t ,1; A r/./ \.\ 110414afti , :::, 1\ k ), ew4DRIVE ���- �� -0 /-'=0, ' .c( IR 111111kaar OA 0 0 V . .•-. . .. 0 1,, al: •. , Nomm,:I—: .. 16 c,s1.10 s.t.0--• POWERS 6L v v•. ` �` u m4$, 11t !: p la.' oma .) "let,vir triallt It= W i4• •„, ... itezarma rim tin ..uaviiiirs 1"IIIIPIE "°- Ilif 44 VC mheiiir'''' -1 ,‘,, 64110 v•ZATIf4, ; ....-)4432 rt.--m \c33 ,' .1".1,4450■10111 mat/AAA ....±06,..-3„,, ,e,„:;.Trk.., ; ... Amp $41.- qr,.„7 . it,.' 4),--.M ''..61 ow im K ER 8 R IIIPPLaiellIAWA e�� y him ” 1- ,ise_c wore a pi.:4141.1 oV ic ' .. II 0 11111111E1IN iii ii---- -in wortiAl , 1.129'.__ iti t,.' v-i z. 4 _ ;:ri 1„ ,..INT,..,ed zi he p4 4,49 r , i 1 12 fIZZECOak a saw © ilk, �� i A f =.t, 11- ---: Egi vomma it es 44 ,W0 0. -,ttiA1■° It" _.44A. . 41 , .....„.., 45. lov x , imarow . mom RR mintilistrem, .gr =IL ow i* ,...,..i .. " ..wirivr__ wog * _I z, il MIMI . a tovm„ ---7i---..4.., 41siorrAes.. 1,,t4 41. 0 Lsw . ---,:r: 4 MOO to a 'nun .47,47.ilm .dim, IIP •`;- '';%1114":" "1. , . © o�N� �� :y,�►� -:'� am ice,�.►%A� s-- L • .� / ■ e. �:■ 'a ''.n 3 ■ 1 :HOR �y // Id - CITY of CHANHASSEN . ,s , . G Ax _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 yctto(t by City Ar+minietrafint £nduru;d._ MEMORANDUM Moditia TO: Don Ashworth, City Manager D,Ite __1Ls A ante Subnjtted td Gaud FROM: Larry Brown, Staff Engineer 4 DATE: November 21 , 1988 aarl SUBJ: Acceptance of Roadway Improvements Chanhassen Vista 4th Addition, Enterprise Properties File No. 86-8d (pvt) i Attached is a letter from the City' s consultant stating that the above-referenced subdivision has been completed in conformance with the approved plans and specifications and the required one- year warranty bond. City staff has inspected this project and has found it to be ready for the City ' s acceptance and perpetual ' maintenance. It is therefore recommended that the roadway improvements for ' Chanhassen Vista 4th Addition be accepted for public ownership commencing on the date of this acceptance. Attachments 1 . Letter and Warranty Bond from McCombs Frank Roos Associates ' dated October 31, 1988. 2 . Location Map. i 1 1 1 1 1 McCombs Frank Roos Associates, Inc. ' Twin Cities St.Cloud 15050 23rd Ave.N. Telephone Engineers Plymouth,MN 612/476-6010 Planners 55447 Surveyors October 31, 1988 1 Mr. Gary Warren City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 ' SUBJECT: Enterprise Properties Chanhassen Vista 4th Addition MFRA #8217 Dear Mr. Warren: In regard to the subject project, to the best of our knowledge, the street improvements have been completed in accordance with the previously approved construction plans and specifications. ' We hereby request the City of Chanhassen to accept the street improvements subject to the one year warranty period. Attached for your use is a copy of the one year maintenance bond. If you have any questions, or require any further information, please contact us. ' Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. ' ged,L12P-AaAA9- Paul Pearson, P.E. PP:aju Enclosure cc: David Segal, Enterprise Properties i= V11J •i!i NOV J 11933 rnirEvFiNrj 'CPT. 1 An Equal Opportunity Employer • • _..... Transamerica Insurance Company` " T : + 4 • �tnR7R.•r� • .r A Sluck Company/Horne Office- Los Anpoies, California ' IW„I Insurance Services Bond No. 5366 0386 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, Hardrives, Inc. ' of Maple Grove, Minnesota hereinafter called the Principal, as Prin- cipal and TRANSAMERICA INSURANCE COMPANY, a corporation organized and existing under the laws of the State of California and authroized to become Surety in the State of Minnesota , hereinafter called Surety as Surety, are held and firmly bound unto City of Charthassen, Minnesota hereinafter called the Obligee, in the penal sum of ' Sixty-Three Thousand Seven Hundred Fifty-Three & 75/100----Dollars ($ 63,753.75 ) • to which payment well and truly to be made we do bind ourselves, out and each of our heirs , executors, administrators, sucdessors and assigns jointly and severally, firmly by these presents . WHEREAS, the said Principal entered into a contract with the Enterprise Properties dated March 11, 1987 for Chanhassen Vista 4th Addition WHEREAS, said contract provides that the Princpal will furnish a bond conditioned to guarantee for the period of one year (s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which mercy become apparent during said period. ' WHEREAS, the said contract has been completed and was approved on ' 14th day of October , 19 88 . NOW THEREFORE, TIIE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall indemnity the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which be- come apparent during the period of one year (s) from and after October 14, 1988 , then this obligation shall be void, otherwise to rumain in full force and effect. Hardrives, Inc. 7 Kenneth R. Hall, President' Transamerica Insurance Company Patricia H. Borchers, attorney-in-fact r Transamerica Transamerica Insurance Company A Stock Company/Home Office Los Angeles,California Insurance Services Power of Attorney ' KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California,does hereby make,consti- tute and appoint Duane Mischke, Dan Borrell, Patricia H. Borchers of Minneapolis, Minnesota and Bert Holvik of Fargo, North Dakota * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf on the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof,as follows: Any and all bonds and undertakings, UNLIMITED IN AMOUNT, in any single instance, for or on behalf of this Company, in its business and in accordance with its charter, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and to bind TRANSAMERICA INSURANCE COMPANY thereby,and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect. ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President,any Vice President or by any other officer,employee,agent or Attorney-in-Fact authorized to so sign by (i) the Board of Directors, (ii) — the President, (iii) and Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President.A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by a facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. - "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execu- tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to hereunto affixed this 15th day of August ,19 85 By !!// (�J.H.Tanner, Vice President State of California ss County of ) On this 15th day of August , 19 85 ,before me LaVerne Wolff,a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn,personally appeared J.H.Tanner personally known to me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument;and duly acknowledged to me 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. 04 4/.. %/7` G6 311111M IIIMIIIIIIMM1111111111111111III11111111IMIMMI11111 1111111M111MM111MM1MIIINIMMUI OFFICIAL SEAL ' • �°; LaVERNE WOLFF LaVerne Wolff, Notary Public � :y`'-o NOTARY PUBLIC-CALIFORNIA in and for the County of Los Angeles, California PRINCIPAL OFFICE IN `'1 f_93, LOS ANGELES COUNTY My Commission Expires June 27, 1986 IMIMIMMMIIii11M 14YYWyuMIIMUmuuwuuWIMMWMIm141WM MMM/IYMM 1719 C (Continued) 2-84 HCKVOWLEDGOIENT . STATE OF MINNESOTA COUNTY OF HennepiL O!1 this 14th October 88 �Y of 19 before me a Notary Public within and for said Count Kenneth R. Hall Y. Personally appeared who being by to me personally, I g b me duly sworn did say that he is the President y� of Hardrives, Inc. the foregoing instrument, and that , the corporation named in I the seal affixed to said ins the Corporate Seal of said co instrument is and sealed in corporation, and that said instrument was signed behalf of said corporation ' corporation. Directors and said Kenneth R. Hall authority of its Board of strunent to be the free act and deed of said co a novledge said in- on. I omnission Expires: May 18, 1990 1 EL!`-:f\�. ft WICX ,_k. 'A NOTARY WIC q I _ _ - _ -- -- -- _. .�� 4 ''�Y Commission Lzvires May 78, 1990 W.► ,4 ! Yv r I I I r • COMM I I I i��.� I ", � < *44-. ':.:'' '''',' 1:21111111r ' - 'Fft 1 MI WirlIM lin* Ne."1 / el I' ; : _mum ILA,* ‘ . J . ! 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