HomeMy WebLinkAbout2002-02-28 Goldridge Group Ltr to WS & WC DistrictGOLDRIDGE GROUP MINNESOTA LLC
February 28 2002
Mark Doneux
Washington Soil & Water Conservation
1825 Curve Crest Boulevard, Suite 101
Stillwater, MN 55082
Mark,
As requested, enclosed is the check for $3,000.00 for review fees and the Performance Bond.
If you have any questions, please feel free to contact me at 763-557-9445.
Sincerely,
Paulette Parrott
Planning Administrator
Rparrott6:
CC:
Kris Danielson, City of Oak Park Heights
Louis Smith, Smith Parker
Jean Schuldt, Kap land & Strangis
John Johnson, Metro Land Surveying & Engineering
3021 Harbor Lane, Suite 206 • Plymouth, Minnesota 55447
612-557-9445 • Fax 612-577-1540
MAR 4 2002
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February 27,
Watershed Distric
WESTERN BANK
CHECK NO.
NOW THEREFORE, if the permit shall be granted, and if the Principal and the
perimttee, if different, and any agent or employee of either:
FrmMCWID.PB
8-00 CBH
BROWN'S CREEK WATERSHED DISTRICT
PERFORMANCE BOND
BOND GRMN13112B
KNOW ALL PERSONS BY THESE PRESENTS, that Goldridge Group of Minnesota,
LLC, whose address is Eau Claire, Wisconsin, as "Principal", and Granite Re, Inc., a
corporation duly organized under the laws of the State of Oklahoma and authorized to transact
business as a corporate surety in the State of Minnesota, as "Surety", are jointly and severally
held and firmly bound to the Brown's Creek Watershed District (the "District") in the sum of
Twenty Two Thousand Five Hundred and 00/100 Dollars ($ 22,500.00 ), to the payment of
which, well and truly to be made, we hereby bind ourselves, and each of us, and our respective
heirs, executors, administrators, successors and permitted assigns, fimily by these presents.
This Performance Bond is being issued and submitted to the District by the Principal and
the Surety pursuant to and in accordance with the provisions and the requirements of the Brown's
Creek Watershed District Rules in general, and specifically Sections and 9.0 thereof. The
condition of the above obligation is such that, whereas application has been made to the District
for Permit # 01-12 to conduct activities regulated under the District's Rules, Sections in
regard to a project at: Oak Park Station, Oakdale Minnesota and issuance of said permit is
conditioned on provision of financial assurance of compliance with applicable statutes, rules,
permit conditions, orders and stipulations of the District. Said permit shall be effective for the
period commencing March lst, 2002 and ending March lst, 2003. The District has authority
to require submission of this Performance Bond pursuant to Minnesota Statutes §1031/345,
subdivision 4.
1. Shall in all respects well and faithfully perform all of the activities and things
undertaken and authorized in the permit in compliance with all applicable laws, including
applicable statutes, rules, permit conditions, orders and stipulations of the District and the
payment, when due, of any fees or other charges required by law;
2. Shall indemnify and save the District harmless from any damage that may arise on
account of any activity, steet, alley, sidewalk, or public ground made, shall restore all
streets, alleys, sidewalks and public grounds disturbed to their former condition, and shall
keep and maintain them in good condition to the satisfaction of the District until all
permitted activity is completed and all conditions of the permit fulfilled;
APPROVED BY:
DATE:
1
FrmM CWD . P B
8 -00 CBH
BOND GRMN 1 3112 B
3. Shall strictly comply with and do all things required by all laws, ordinances, rules or
regulations and shall pay all taxes, fees, fines and penalties provided by law or imposed
for the violation of any law, ordinance, rule or regulation; and
4. Shall pay all costs of enforcing the terms of this Performance Bond, including
reasonable attorneys' fees;
Then, on written notification to the District of the completion of a.ny project covered by
this Performance Bond and the District's determination of compliance with the conditions
enumerated above, this obligation shall be void. Failing the full and complete satisfaction of any
of the foregoing, this obligation shall remain in full force and effect, and the District shall be
entitled to make demand against this Performance Bond and receive payment from the Surety for
all costs incurred or to be incurred by the District in bringing the permitted activity into
compliance with the enumerated conditions, including but not limited to reasonable contractors',
consultants' and legal costs, in accordance herewith, by presentation of a demand for draft
accompanied by affidavit averring the failure of satisfaction and costs incurred or to be incurred
by the District as a consequence thereof. Time is of the essence in the provision of funds
hereunder and the Surety shall issue the requested draft within seven business days of demand.
Any claim by the Surety of nonliability for the payment of all or any portion of a demand
pursuant to this Performance Bond shall be reserved and shall not delay issuance of the draft.
PROVIDED HOWEVER, it is expressly understood and agreed that the liability of the
Surety to any and all persons incurred during the lifetime of this Performance Bond shall not
exceed the face amount hereof, as set forth above.
IT IS FURTHER PROVIDED, that the Surety shall have the right to withdraw as
surety from this bond and may do so on giving at least thirty (30) days written notice to that effect
to the Principal, at the address set forth above, and to the District in care of: Smith Parker, Attn:
Charles Holtman, Esq., 123 North Third Street, #808, Minneapolis, Minnesota 55401, such
notice to be given by registered or certified mail, return receipt requested. If at any time after
notice and before the close of the thirty -day notice period the underlying project has not been
completed in accordance with applicable statutes, rules, permit conditions, orders and stipulations
of the District or otherwise does not comply with the conditions enumerated above, and this
Performance Bond has not been replaced with another surety instrument approved by the District
and issued in accordance with its rules, then the District shall be entitled to make demand against
this Performance Bond and receive payment from the Surety in accordance herewith. Otherwise,
the liability of the Surety under this Performance Bond shall cease, and the Performance Bond
shall terminate and be of no more force and effect. In either instance, the rights of the permittee
under any permit supported by this Performance Bond shall automatically be terminated,
APPROVED BY:
DATE:
2
The Surety consents to be bound by this obligation, notwithstanding any informality in its
execution. No modification of the terms of any permit or of applicable laws, ordinances, rules or
regulations, nor any forbearance on the part of the District shall in any way release the Principal
or the Surety from liability. Notice to the Surety of any such modification or forbearance is
waived.
Executed by both the Principal and the Surety as of March 1 2002.
PRINCIPAL
Got, ridg Group of Minnesota, LLC Granite Re, Inc.
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By r, h.
(Signature)
' r'
(name)
Its (17. 0),(7
Notary Pu
Notary Public
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8 -00 CBH
Michael J. Douglas
(name)
Its Attorney-in-Fact
On this 1 day of March 2002, before me pe46Wly Michael J. Dou la•s on
behalf of the Surety named in this Performance , 1 4 free act and deed,
caused this Performance Bond to be executed o its date. `�:
PAMELA J.
JMMERFALL
9- Oct -O5
q : ' OF
• • -i y am: ,
On thi day of , 2005, before me ersonall y appeare
p
p � 11 ease
BOND 1/ GRMN 131123
on behalf of the Principal named in this Performance Bond. above, and as their free act and deed,
caused this Performance Bald to be executed as of this date.
NothrY PuNic
Minnesota
Comb owes Jan 1 2005
ATTACH POWER OF ATTORNEY FROM SURETY TO THIS BOND
APPROVED BY:
DATE:
3
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at
the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
CHRIS JOHNSON, MICHAEL J. DOUGLAS its true and lawful Attorney- in-Fact(s) for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all
acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and
made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and
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whatsoever the said:
CHRIS JOHNSON, MICHAEL J. DOUGLAS may lawfully do in the premises by virtue of these presents.
in Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the
signatures of its Vice President and Secretary/Treasurer, this 1st day of August, 2000.
STATE OF OKLAHOMA }
My Commission Expires:
May 9, 2004
) SS:
COUNTY OF OKLAHOMA ) Rodman A. Frates, Secretary/Treasurer
On this I st day of August, 2000, before me personally carne R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and
Rodman A. Frates, SecretaryFreasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn,
said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Trea.surer of the GRANITE RE,
INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that
they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company.
R. Darryl Fisher, e President
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that
the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc.
"RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint
individuals as attorneys -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."
IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this
1 st day of .__...tl4a,- , 20 07. .
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