HomeMy WebLinkAboutPC83024 - 6/16/83 - Xerxes Place NorthN%.w %-.W
PLANNING COMAMSION FILE CHECKLIST
File Purge Date: 3�a�gs
FILE INFORMATION
Planning Commission Application No. 8302�I
PROPERTY INFORMATION
Zoning:
PLAN REFERENCE
Note: If a plan was found in the file during the purge process, it was pulled for
consolidation of all plans. Identified below are the types of plans, if any, that were
consolidated.
0 Site Plans
• Building Plans
• Other:
FILE REFERENCE
Note: The following documents were purged when this project file became inactive. We
have recorded the information necessary to retrieve the documents.
Document Type Date Range Location
Agenda Cover Sheet: Planning Commission Agenda Book
Minutes: Planning Commission Co/1(./6? 3 City Vault
Minutes: City Council l2,7I g 3 City Vault
Cv
Resolutions: Planning Commission City Vault
Resolutions: City Council City Vault
Ordinances: City Council City Vault
Historical Photographs: Planning Commission City Archieve
PLP�,NtII N6 CO'NtI1, `,S 16N hI'i'L ICA 110N
t
Application No.__830Z4
Street Location of Property
Legal Description of Property
Please Print Clearly or Tye
Xerxes Place North
Outlot D, Earle Brown Farm Estates 1st Addition.
r
Owner __DeVries Builders�Inc
Address 7564 Mariner Drive Maple Grove Phone N0. 425-7683
Applicant same
Address_ Phone No.
Type of Request: Rezoning Subdivision Approval
Variance X Site & Bldg. Plan Approval
Special Use Permit Other:
Description of Request: Site and building plan to construct townhouses in Earle
Brown Farm Estates 5thAddition.
The applicant requests processing of this application and agrees to pay to the City of
Brooklyn Censer, within fifieen (15) days after mailing or delivery of the billing state-
ment, the actual costs incurred by the City for. Engineering, Planning a Legal expenses
reasonably and necessarily required by the City for the4desbi
o application.
Such costs shall be in addition to the application fee herei Withdrawal of
the applicatioil shali not r•elieve the applicant of the n to ay costs incurred
prior to withdrawal. �
Fee $ 100.00 Applicant's - Signature
Receipt No. 61018 Date: June 3, 1983
PLANNING COMMISSION RECOMMENDATION
Dates of P.C. Consideration:
Approved _✓ Denied this A, day of 19 Ll3 , subject to the
following conditions:
/1 Chairman
CITY COUNCIL ACTION
Dates of Council Consideration:
Approved --Y-- _ Denied this �-1 day of _ 19 F 3 , with the following
amendment:
cle
P/I Form No. 1S (over please)
CITY 01' RROOKLYN CENTER, MINNESOTIA
6301 Shingle Creek Parkway 55430
PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING
PLAN APPROVAL
Prior to submission of an application for plan review and approval, prospective
applicants should arrange an informational meeting with the Planning Staff to
discuss preliminary plans and to become familiarized with applicable ordinance
and policy provisions.
Three (3) copies of the following documents and information shall be submitted,
at least 14 days prior to the date of the regular Commission meeting, concurrent
:v>� tri filing the application (required documents must be consistent :•pith ordi-
nance and policy provisions before an application may be accepted):
1. A certified site survey drawing by a registered engineer or land surveyor
showing pertinent existing condition, accurately dimensioned.
2.* An accurately scaled and ddmensioned site plan indicating:
a) parking layouts including access -provisions;
b) designations and locations of accessory buildings; -
c) fences, walls or other screening, including heights and type of material;
d) outside lighting provisions, type and location;
e) curbing.
.S. A landscap,plan shoes 1:.nq areas to be Sodded of s.32dtd; location, size a3]d
species 0- l ' �£ s and A,--rubbei: `7.
4.* Buildr ' ng floor plans, Ll_evatio: s, sections and specifications, including
nateri.als proposed.
5.*Existing.a-' prcpos-d land c:l.e�°at drainage p ovis:i.ol:s, and util' ty
..� � . -- ron r�
provlsicnF .
6. Additional drawings, plans or information deemed necessary by the Secretary.
*Must le prepared by a registered architect or person registered with the State
of 4.�(7_:. ls'_ration for Architects, Engineers and Land Surveyors, and said
`"awin s/pI ns shall be so certified.
,0T : Upon aonr,:7val of plans r'v the Council and prior to issuance of permits,
a Per-Cormance as to z%nP?"O ,F_d site improvements and a suppporti g finaii-
:Aa? cqugrt?ntee, 4 n an to� be d: a'.. rrCr] ne by he `C_J tv , are requIrcla. t";:`.cept-
. :`l.c '.'..i7iCC13� ':.;1r '':;1:w _?L;: include cash escrow; certir'icate of L'tepoL-it; aid
r-.�rfur:m ance bcnd.
Copies of the zoning ordinance may be nhta1.ned f:,-:cm i the AcLminl5'4rative Office.
2uestions should be directed to the Planning and Inspection Department.
F/I Form No. 19
CITY
OF
:OOKLYN
C ENTER
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561-5440
Mr. John DeVries
DeVries Builders
7564 Mariner Drive
Dear Mr. DeVries:
Re: Release of Performance Agreement (Earle Brown Farm Estates 5th Addition)
Dear Mr. DeVries:
This letter is to inform you that the Brooklyn Center City Council
released the entire remaining obligation of your performance agreement
at its regular meeting of February 24, 1946.
Enclosed please find a copy of the minutes of that meeting pertaining to
your project, and the financial instrument held by the City to insure
completion of approved site, improvements.
Thank you for your cooperation in this matter.
Yours truly,
Gary Shallcross
Planning Assistant
GS:mlg
Enclosures
mo
"074e So xa/Uaf re
CITY
OF
ROOKLYN
C ENTER
April 7, 1986
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561-5440
EMERGENCY —POLICE —FIRE
911
State Surety Company'
P. 0. Box 1976
Des MOines, IA 50306
Re: Earle Brown Farm Estates 5th Addition (DeVries Builders, Inc.)
TO WFIOM IT MAY CONCERN:
This letter is to notify you in writing that the above -referenced bond was
authorized for release by the Brooklyn Center City Council on February 24,_1986
(a copy of the minutes has been enclosed). The bond and the original per-
formance agreement for which it was the guarantee have been returned to the
obligor for their disposition. Your company may, therefore, cancel this
bond immediately.
If you have any further questions regarding this matter, please contact me.
Yours very truly,
L�
Gary Shallcross
Planning Assistant
GS:mlg
Enclosure
cc: John DeVries
File No. 83024
SPECIAL FOOD HANDLING LICENSE
Fun Services, Inc.
Maid of Scandinavia Co.
Betty Varcoe
TAXI CAB LICENSE
Blue & White Cab Co.
Town Taxi
Yellow Taxi Service
The motion passed unanimously.
3615 50th Ave. N.
Westbrook Mall
Holiday Inn Gift Shop
2404 Sheridan Ave. N.
2812 University Ave. SE
127 1st Ave. NE
APPROVAL OF MINUTES - FEBRUARY 10, 1986 - REGULAR SESSION
Councilmember Lhotka stated that he felt the comments made by Councilmember Theis
regarding the Diseased Shade Tree Removal Project should be added to the minutes of
the February 10, 1986 City Council meeting.
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to
approve the minutes of the City Council meeting of February 10, 1986 as corrected.
The motion passed unanimously.
The City Manager stated that Mr. Bill Fignar had requested that the Crime Prevention
Report for 1985 be tabled until the next Council meeting.
MAYORAL APPOINTMENT - HUMAN RIGHTS COMMISSION
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to
appoint Ms. Lorna Seburg to the Human Rights Commission. The motion passed
unanimously.
PERFORMANCE BOND RELEASE FOR EARLE BROWN FARM ESTATES - JOHN DEVRIES
There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to
approve the performance bond release for Earle Brown Estates subject to the two
conditions outlined in the memorandum from the Director of Planning & Inspection.
The motion passed unanimously.
RESOLUTIONS (CONTINUED)
The City Manager presented a Resolution Accepting Bid and Awarding Contract for
Installation of a Water Utility Control System. He noted that staff is asking the
Council to defer the bid award because of the difference between Killmer Electric
and Collins Electric. The Director of Public Works went on to explain the
advantages of installing a utility control system and the potential to cut the
payback period to ten years. He noted that the cost of installing a new well and
pump would greatly exceed the cost of this monitoring system.
Councilmember Theis asked if there would still be a need to have someone on standby
duty. The Director of Public Works responded affirmatively but noted that the
checks would not have to be made as frequently. Councilmember Lhotka asked on a
scale of one to ten, with one being highest, where the Director of Public Works would
place this project. The Director of Public Works stated that he would give this
project a one as being the highest priority to improve the system's performance.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
table the Resolution Accepting Bid and Awarding Contract for Installation of a [dater
Utility Control System until the next meeting so that staff can review the bids more
closely.
2-24-86 -4-
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Ronald A. Warren, Director of Planning and Inspection-
DATE: February 20, 1986
SUBJECT: Performance Guarantee
The following performance guarantee is recommended for release:
1. Earle Brown Farm Estates 5th Addition
Xerxes Place North
Planning Commission Application No. 83024
Amount of Guarantee: $35,000 Bond
Obligor: DeVries Builders
This guarantee has been held to insure completion of all remaining improvements in
the Earle Brown Farm Estates development. The last remaining trees were planted
and the common parking areas striped last fall. All other improvements have been
completed according to the approved plan. The Homeowners' Association has voted
not to have the originally planned for playlot installed. Additional improvements
which were not part of the original approved plan include a row of Honeysuckle
plantings along the berm on Freeway Boulevard and a split rail fence located along
the west side of the project. Concern has been raised that the existing landscap-
ing does not provide adequate screening of the development from the single-family
homes in the area of Xerxes/Thurber Road. The developer has agreed to provide 10
additional Honeysuckle shrubs along the tops of the berms in this area to provide
some additional screening. It should also be noted that the developer has not yet
provided the Engineering Department with the "as built" utility ties for the 4th
and 5th Additions. He has, however,indicated that he will provide this information
to the City.
It is recommended that the Council authorize total release of the bond for this
project subject to the submittal by the developer of the as -built utility informa-
tion to the Engineering Department and a $300 cash deposit to insure completion of
the agreed upon shrubbery in the Xerxes/Thurber Road area of the development.
VI-11
ef
G
DEPARTMENT OF PLANNING AND INSPECTION
CITY OFROOKL.,YN CENTER
PERFORMANCE AGREEMENT
File No.b3G24
This Agreement is entered into by — DeYries Builders, Inc. hereinafter
called the Developer and the City of Brooklyn Center, a Municipal Corporation, under the laws
of the State of Minnesota, hereafter called the City.
THE WORK
The Developer has received approval of its Development Plans by the City Council of the
City (pursuant to City Ordinances), subject to the execution of this Performance Agreement,
pursuant to the City Council approval of June 27, l9f'33 and in accordance with said
Developrfient Plans all of which are made a part hereof by reference. In consideration of such
approval, the Developer, its successors and assigns, does covenant and agree to perform the
work as set forth in the Development Plans, in the aforesaid Approval and as hereinafter set
forth, upon the real estate described as follows: Earle Brown Farm Estates 5th Addition
The Work shall consist of the improvements described in the Development Plans, in the
aforesaid Approval (to -include any approved subsequent amendments) and shall be in compliance
with all applicable Statutes, Codes and Ordinances of the City.
COMPLETION DATE
The undersigned Developer ag�eebs that the said Work shall be completed in its entirety.
on or before the 1 day of Sp em er 19 04 , and no extension of time shall be valid un-
less the same shall be approved in writing by the City Manager. Said extension of time shall
be valid whether approved by the City Manager before or after the completion date and failure
of the City to extend the time for completion or to exercise other remedies hereunder shall
in no way worn; a forfeiture of the City's rights hereunder, nor shall any extension of time
actually granted by the City Manager work any forfeiture'of the City's rights hereunder. it
shall be the duty of the Developer to notify the City of completion of the Work at least 10
days prior to the Completion Date and to call for final inspection by employees of the City.
MAINTENANCE
The Performance Agreement, in its entirety, shall remain in full force and effect for a
period of one year after actual completion of -the Work to determine that the useful life of
all Work performed hereunder meets the average standard for the particular industry, profession,
or material used in the performance of the work. Any work not meeting such standard shall not
be deemed complete hereunder. Notice, of the date of Actual Completion shall be given to the
Developer by the Director of Planning and In'spection.of the City.
FINANCIAL GUARANTEE
The Developer agrees to furnish the City with a Financial Guarantee in the form of a cash
escrow, a bond issued by an approved corporatesurety licensed to do business in the State of
Minnesota and executed by the Developer as principal, 0p,,o_Lher Financial Guarantee as approved
by.the City Manager of the City, in the amount of $ Such Financial Guarantee shall
continue in full force and effect until the City Council shall have by motion approved and
accepted all of the Work undertaken to be done, and shall thereby have released the Surety
and/or Developer from any further liability; provided however, that the City Council may by
motion reduce the amount of the Financial Guarantee upon partial completion of the work, as
certified by. the City Manager. Such Financial Guarantee shall be conditioned upon the full
and faithful performance of all elements of this Agreement and upon compliance with all
applicable Statutes, Codes, and Ordinances of the City, and shall further be subject to the
following provisions which shall be deemed to be incorporated in such Financial Guarantee and
made a part thereof.
NOTICE
The City shall be required to give prior notice to the corporate surety and the Developer
of any default hereunder before proceeding to enforce such Financial Guarantee or before the -
City undertakes any work for which the City will be reimbursed through the Financial Guarantee.
Within 10 days after such notice to it, the surety shall notify the City in writing of its in-
tention to enforce any rights it might have under, this -Performance A reement or, any Performance,
Bond by stating in writing the manner in which the default will. be Cured and the time within
which such default will be cured, said time not to exceed 50 days unless approved by the City.
f
(over please)
RE. MEDICS I-Ok PREAClf
At any time after the Completion date and any extension, thereof, or during the -Maintenance
Period, if any of the work is deemed incomplete, the City Council may proceed in any one or more
of the following ways to enforce the undertakings herein set forth, and to collect any and all
overhead expenses incurred by the City in connection therewith, including but not limited to
engineering, legal, planning and litigation expenses, but the enumeration of the remedies here-
under shall be in addition to any other remedies available to the City.
1) Completion by the City. The City, after notice, may proceed to have the Work
done either by contract, by day labor, or by regular City forces, and neither
the Developer nor the Corporate Surety may question the manner of doing such
work or the letting of any such contracts for the doing of any such work.
Upon completion of such Work the Surety and/or the Developer shall promptly
pay the City the full cost thereof as aforesaid. In the event that the
Financial Guarantee is in the form of a Performance Bond, it shall be no
defense by the Surety that the City has not first made demand upon the
Developer, nor pursued its rights against the Developer.
2) Specific Performance. The City may in writing direct the Surety or the Developer
to cause the Work to be undertaken and completed within a specified reasonable
time. If the Surety and/or the Developer fails to cause the Work to be done
and completed in a manner and time acceptable to the City, the City may proceed
in an action for Specific Performance to require such work to be undertaken.
3) Deposit of Finacial Guarantee. In the event that the Financial Guarantee has
been submitted in the form of a Performance Bond, the City may demand that the
Surety deposit with the City a sum equal to the estimated cost of completing
the work, plus the City's estimated overhead expenses as defined herein, in-
cluding any other costs and damages for which the Surety may be liable hereunder,
but not exceeding the amount set forth on the face of the Performance Bond,
which money shall be deemed to be held by the City for the purpose of reimbursing
the City for any costs incurred in completing the Work as hereinbefore specified,
and the balance shall be returned to the Surety.. This money shall be deposited
with the City within 10 days after written demand therefor, and if the Surety
fails to make the required deposit within 10 days, the City shall have the right
to proceed against the Surety with whatever legal action is.required to obtain
the deposit of such sum.
4) Funds on Deposit. In the event that •the Financial 6uarantee is in the form of
cash, certified check, or other arrangement making the Financial Guarantee im-
mediately accessible to the City, the City may,. after notice to the Developer,
deposit the Financial Guarantee in its General Account. The City may then pro-
ceed to complete the.Work, reimburse itself for the cost of completion as de-
fined hereunder, and return "the balance to the Developer.
PROCEDURES
A copy of this Performance Agreement shall be attached to the Corporate Surety Bond,
if any, an,d reference to this Performance Agreement shall be made in any such bond, but no
corporate surety shall assert as a defense to performance hereunder, any lack of reference
in the bond to this Performance Agreement.
The original and two copies of this Agreement, properly executed, together with the
appropriate Financial Guarantee shall be submitted to the City.
IN WITNESS WHEREOF, the Developer and the City have executed
day of � ,nT mci n 19 - i
Witness
Witness
$ubccribed and sworn to before me this
1 day Of g 19 2_3
Zoning Official
this /4, L
P/I Form No. 23 Rev. 6-77
a' STATE SURETY COMPANY
DES MOINES, IOWA
PERFORMANCE BOND
Approved by The American Institute of Architects,
A. I. A. Document No. A-311 February 1970 Edition
KNOW ALL MEN BY THESE PRESENTS:
That DeVries Builders, Inc.
(Here insert full name and address or legal title of Contractor)
7564 Mariner Drive, Maple Grove, Mn 55369
as Principal, hereinafter called Contractor, and S T A T E SURETY C O M P A N Y, a corporation
organized under the laws of the State of Iowa, as Surety, hereinafter called Surety, are held and firmly bound
unto _ City of Brooklyn Center, Minnesota
6301 Shingle Creek Parkway, Brooklyn Center. Minnesota SS429
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of_
Thirty -Five Thousand & NQ/1on----------------- _--Dollars ($ 35,008r00 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, suc-
cessors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated SeptembeX_ 16L 19_83—
entered into a contract with Owner for Phase V, Earl Browne Estates
in accordance with drawings and specifications prepared by _
(Here insert full tame and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS, OBLIGATION is
such that, if Contractor shall promptly and faithfully perform said
Contract, than this obligation shall be null and void; otherwise it shall
remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of
time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in de•
fault under the Contract, the Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the default, or shall promptly
l) Complete the Contract in accordance with is terms and condi•
tions, or
2) Obtain a bid or bids for completing the Contract in accordance
with its terms and conditions, and upon determination by Surety of the
lowest responsible bidder, or, if the Owner elem, upon determination by
the Owner and the Surety jointly of the lowest responsible bidder, at.
range for a contract between such bidder and Owner, and make available
as Work progresses (even though there should be a default or a succession
of defaults under the contract or contracts of completion arranged under
this paragraph) sufficient funds to pay the cost of completion less the
balance of the contract price; but not exceeding, including other costa and
damages for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance of the contract
price," as used in this paragraph, shall mat the total amount payable by
Owner to Contractor under the Contract and any amendments thereto,
less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of
two (2) years from the date on which final payment under the Contract
falls due.
No right of action shall accrue on this bond to or for the use of
any person or corporation other than the Owner named herein or the
heirs, executors, administrators or successors of the Owner.
Signed and sealed this 16th day of _ September
19 83
DeVries Builde .:� (Seal)
rims
601 (Witness) J n M. DeVries (Title) President
STATE SURETY COMPANY tearaant
(Surety)
By�
(Wimess) T.D. Bray (Acton eyin•fact)
2533 (Rev. 1970)
STATE SURETY COMPANY
DES MOINES, IOWA
LABOR AND MATERIAL PAYMENT BOND
AIA Document No. A311 February 1970 Edition
Approved by the American Institute of Architects
This bond is issued simultaneously with Perforntauce Mond in favor of
the ovmer conditioned on the full an;l faithful perfortnuml, of the contra,t.
KNOW ALL MEN BY THESE PRESENTS:
beV.ries Builders, Inc. ,
That.......................................... ....................... _...........
(Here insert full name and address or legal tide of Contractor)
7564 Mariner Drive, Maple Grover... Minnesota 55369
.................................. ...................
as Principal, hereinafter called Principal, and STATE SURETY C O M P A N Y , a corporation
organized under the laws of the State of Iowa, as Surety, hereinafter called Surety, are held and firmly bound unto
�itX. of...Brooklxn .Center.,_..Minnesota............................................ , ...................................................................
6301__Shingle.. Creek...Parkway_t.,..Brooklyn...Center.....__Minnesota_._...55.4.2.9................
(Here insert full name and address or legal tide of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined,in the amount of
Thirty, -Five Thousand and no/1QQ.^:r. R. c-:7-^- ^^--Dollars($.35,.000.�00,_...................),
................................. . .
(Here insets a sum equal to at least one-half of the contract prical
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated... S.eptemb.er...16.,....18.8.3 ....................................................
entered into a contract with Owner for........ Phase. V.,... Earl -Browne ...Estates. ................... _...................................
......................................... ...._._.............._.......I ............. .........._.. _ .. _..__...... ....................................... .... ........ .... I.......................
in accordance with drawings and specifications prepared by .................. .......... _........ ..... ............................... ................ _................. _
......................................................................................................................................................................................................... I...............
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION is such
that if the Principal shall promptly make payment to all claimants as
hereinafter defined, for all labor and material used or reasonably
required for use in the performance of the Contract, then this obligation
shall be void; otherwise it shall remain in full force and effect, subject,
however, to the following conditions:
1. A claimant is defined as one having a direct contract with the
Principal or with a subcontractor of the Principal for labor, material,
or both, used or reasonably required for use in the performance of the
contract, labor and material being construed to include that part of
water, gas, power, light, heat, oil, gasoline, telephone service or rental
of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined,
who has not been paid in full before the expiration of a period of
ninety (90) days after the date on which the last of such claimant's work
or labor was done or performed, or materials were furnished by such
claimant, may sue on this bond for the use of Such claimant, prosecute
the suit to final judgment for such sum or sums as may be justly due
claimant, and have execution thereon.- The Owner shall not be liable
for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant,
a) Unless claimant, other than one having a direct contract with
the Principal, shall have given written notice to any two of the following:
The Principal, the Owner, or the Surety above rimed, within ninety
(9U) days after such claimant did or performed the last of the work or
labor, or furnished the last of the materials for which said claim is
made, stating with substantial accuracy the amount claimed and the name
of the party to whom the materials were furnished, or for whom the
work or labor was done or performed. Such notice shall be served by
mailing the same by registered mail or certified mail, postage prepaid,
in an envelope addressed to the Principal, Owner or Surety, at any
place %,here an office is regularly maintained for the transaction of
business, or served in any manner in which legal process may be served
in the state in which the aforesaid project is located, save that such
service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which
Principal ceased work on said Contract, it being understood, however,
that if any limitation embodied in this bond is prohibited by any law
controlling the construction hereof such limitation shall be deemed to
be amended so as to be equal to theminimum period of limitation
permitted by such law.
c) Other than in a state court of competent jurisdiction in and for
the county or other political subdivision of the state in which the pro-
ject, or any part thereof, is. situated, or in the United States District
Court for the district in which the project, or any part thereof, is situ-
ated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent
of any payment or payments made in good faith hereunder, inclusive
of the payment by Surety of mechanics' liens which may be filed of
record against said improvement, whether or not claim for the amount
of such lien be presented under and against this bond.
Signed and sealed this.....16th ... _ ..........................day of ..September..................... ................._..... 1983.....
/
DeVrie Buil era, I c....... (Seal)
H (Pri ip
... . oho ........ I..................................P.......resside......-i-d-e_..nt ......................
M. DeVries(Title)
STATE SURETY COMPANY a
(Surety)
By.. .—/..............................................
( Witness) T.D. Bray Attorney-i fact
2534 (Rev, 1970 )
r
STATE OF MINNESOTA
)} ss
County of Ramsey
On this
ACKNOWLh`DGM1NT OF PRINCIPAL
(Individual)
day of
_._, 19_, before me personally
appeared to me known to be the person described in and
who executed the foregoing bond as Principal, and acknowledged that he executed the same as his free
act and deed.
My Commission Expires
STATE OF MINNESOTA )
} ss
County of Ramsey )
19—
Notary Public, Ramsey County, Minn.
ACKNOWLEDGMENT OF PRINCIPAL
(Corporate Officer)
On this _-_ 16th _ _ _ __day of September 19 $ 3, before me, the undersigned
Notary Public, personally appeared_ John_ M. DeVries _, who acknowledged
himself to be the. President _ of DeVries Builders, Inc , a corporation, and
that he, as such officer, being authorized so to do, executed the foregoing bond for the purposes therein
contained, by signing the name of the corporation by himself as such officer.
IN WITNESS WHEREOF I have hereunto set my hand and official seal.
My Commission Expires
Notary Public, Ramsey County, Minn.
+n,y
ACKNOWLEDGMENT OF SURETY
(Attorney -in -Fact)
STATE OF MINNESOTA }
)} ss
County of Ramsey
On this 16th day of September _, 19, before me appeared
T . D . Bray _ to me personally known, who, being duly sworn, did say
that he is the Attorney -in -Fact of the State Surety Company and 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 authority of its Board of Directors, and said T . D . Bray
acknowledged said instrument to be the free act and deed of said Corporation.
My Commission Expires—
i Notary Public, Ramsey County, Minn.
NORING
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COMMISSION %FIfiE$,
ryar officer, and Its corporate seal to be affixed this
My Commission
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WITH A COLORED BACKQRQUMD �_'