HomeMy WebLinkAboutRESOLUTION NO. 2022-65RESOLUTION NO. 2022-65
RESOLUTION ACCEPTING THE PUBLIC WATER MAIN
IMPROVEMENTS TO AND FOR THE LEXI, ADDY & PRESLEY'S
ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA; AS
WELL AS RELEASING THE IRREVOCABLE LETTER OF CREDIT
WHEREAS, the City of Fairfax has previously approved the final plat for the Lexi,
Addy & Presley's Addition in the City of Fairfax, Linn County, Iowa by Resolution No. 2021-
127, on November 9, 2021; and
WHEREAS, Sobaski Real Estate, L.L.C., prior to the City's acceptance of the Lexi,
Addy & Presley's Addition final plat, had submitted to the City of Fairfax an Irrevocable Letter
of Credit to cover the anticipated costs of the yet to be completed public water main facilities to
service the Lexi, Addy & Presley's Addition in the City of Fairfax, Linn County, Iowa, and
WHEREAS, City staff and representatives of Hall and Hall Engineers, Inc. have
performed part-time field observations during the installation of these public water main
facilities improvements, observed water main facilities testing and have received passing test
results for these water main facilities, and have completed a final site inspection of these public
water main facilities, and;
WHEREAS, DGOGFairfaxia02172021, L.L.C. has submitted to the City of Fairfax a 2-
year maintenance bond for these public water main facilities, and
WHEREAS, City staff recommends that the City Council of the City of Fairfax accepts
the public water main facilities improvements extended to and for the Lexi, Addy & Presley's
Addition in the City of Fairfax, Linn County, Iowa, and
WHEREAS, City staff recommends that the City Council of the City of Fairfax fully
release the Irrevocable Letter of Credit for the public water main facilities that have been
extended to and for the Lexi, Addy & Presley's Addition in the City of Fairfax, Linn County,
Iowa.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, that the public water main facilities improvements extended to and for the Lexi, Addy &
Presley's Addition in the City of Fairfax, Linn County, Iowa are hereby accepted by the City of
Fairfax.
BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the City of Fairfax does fully release the Irrevocable Letter of Credit for the public water main
facilities improvements extended to and for the Lexi, Addy & Presley's Addition in the City of
Fairfax, Linn County, Iowa.
BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor
and the City Clerk/Treasurer are hereby authorized and directed to execute said Resolution.
Passed and approved this 12th day of July, 2022.
AYES: Daly, Pacha, Volk, and Wainwright
NAYS: Nurre
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urnell G. Frieden, Mayor
ATTEST:
nthia Stimson, City Clerk/Treasurer
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July 11, 2022
Honorable Mayor and City Council Members
City of Fairfax, lowa
Re: Consideration of the Public Water Main Facilities Improvements at the Lexi, Addy & Presley's
Addition in the City of FairFax, Linn County, lowa
Honorable Mayor Frieden and City Council Members,
Based upon the part-time field observation by City staff and representatives from Hall and Hall
Engineers, Inc. during the construction activities of the public water main facilities extended to and for
this development, as well as the test results for these public water main facilities, these public water
main facilities appear to be in substantial completion with the approved plan of improvements.
Please note that it is the City of Fairfax's standard practice to require a 4-year maintenance bond for
public infrastructure improvements. For the public water main facilities extended to and for the Lexi,
Addy & Presley's Addition the developer, Sobaski Real Estate, LLC did not install these public water
main improvements nor did they provide the maintenance bond for these public water main facilities.
The Dollar General, owners of Lot 1 of the Lexi, Addy and Presley's Addition installed these public
water main facilities and provided the City of Fairfax with a 2-year maintenance bond, which expires
May 12, 2024.
With these items considered, City staff recommend that the City Council of the City of Fairfax, lowa
accepts the public water main improvements to and for the Lexi, Addy & Presley's Addition in the City
of Fairfax, Linn County, lowa.
Fairfax City Staff
CC: Rusty Doss, P.E., Overland Engineering, LLC (engineer for Lot 1, Dollar General)
Bernie Frieden, Fairfax Mayor
Chris Philipp, Fairfax Building Supervisor
Lynn Miller, Fairfax Maintenance Supervisor.
Kevin Stensland, Fairfax Utilities Supervisor
Cynthia Stimson, Fairfax City Clerk / Treasurer
Encl's. 2-Year Maintenance Bond for the Lexi, Addy & Presley's Add. Public Water Main Facilities
Irrevocable Letter of Credit
TRAVELERSJ
Travelers Casualty and Surety Company of America
Traveters Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
I'OWER OF ATTORNEY
KNOW ALL MEN �Y 7HESE PRESENTS: 71�at Travelers Casually and Suroty Company of America, 7ra�eiers �asually and Sureiy Company, and
St. Paui Fire and Marine Insurance Com�any are cory>oraiions duly qrganized undea� the laws of the St�te oi Connectieu� {��«oi
coileciively called the "Companies"j, and ih�t the Compani�s do hereby make, constitute and appoint LUKE D NIXON
SPRiNGF1ELD � Missouri , th�ir truo and lawlul Attomey(s)-in-Fact to sign, execute, seal and
acknowledg� any and alt honds, recognizances, condiiianal undertakings and o#her writings obligatory in the nature thereaf on behalf of
the Com�anies in thelr busines5 of guaranteeing the fideliiy of persans, guaranleeing the perfnrmance of cantracts and executing or
guara�ieeinc� honds and undertakings required ar p�rmitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 27st day of April,
2021.
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State of Connecticut
By:
City of HaRford ss. Roberi L, Rane , enior Vice f'resident
On this the 21st day of April, 2027, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes thersin contained by signing on behaif of said Companies by himself as a duly authorized officer.
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IN WITNESS WHEREOF, I hereunto set my hand and official seaL __��i�GG�
NtriM1Y �
My Commission expires the 30th day of June, 2026 * '�"
p1/B7'i� Anna P. Nov�nk, Notary Public
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This Power of Attorney is granted under and by the authoriry of ihe following resolutions adopted by the Boards of Directors of each of
the Companies, which resoluiions are now in fuil force and effect, reading as follows:
RESOI.VED, Ihat !he Chairm�n, the f�r�sidenl, any Vice Chairman, any Executive Vice Presideni, any S�nior Vice Prssidenf, any Uice
Rresideiil, any Second Vice Pr�sident, the Treasur�r, any Assistant Treasurer, [I�e �orporale Secretary ar eny Assistant 8ecretary may appoin4
Atkornays-in-�aci ond Rgents to act for and on behalf of ihe Company and may give such appnlnie� such authorlly as his or her certif+cate of authorlty
may pr�scribe io sign with ih� Company's naine and seal with th� Gampany's seai bonds, recognizar3ces, conUacts of indemniiy, and otiier writings
obiigatar�+ in the nature af a bnnci, recag�izance, or conditipnal underlaking, and any of said officers or #he Board of Directars at any iime may
re�nove any such �pp�intee and revok� the power given him ar her; and i! is
FUR7HER RESOLVEp, Uaat ihe CMairman, ihe Pr�sident, any Vice Chairman, any Executive Vice President, any Senior �ce President or
any Vice Pres9denl may delegaie all or any pari of ihe foregoing auihoriry to one or mare o�cers or �mployees of this Company, provided
lhai each such delegation is in writing and a copy iher�eaf is filed 1n ihe office of the Secretary; and it is
�ifRTNER RESOLVED, that any bt�nd, recognizancs, e�ntract of ind�mnity, or writing obligatory in the nature of a band, recognizance,
or cnr�ditfonal undertaking shall pe valid and binding upon the Cnmpeny when (a) signed By the President, any Vic� Chairinan, any Executive
Vice Fresident, any S�nior Vic� President or any Vice President, any Second Vice President, fhe Treasurer, any Assistant Treasuree, ihe
Corparate Secretary or any As�istant Secretary and du(y altested and sealed witl� the Company's seal by a Secretary or Assistani Secretary;
or (b) duly executed {under seai, if requited) by one or n�ore Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her
cartificate or th�ir certificates of authority or by one ar more Compeny offlcers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, lhat the signature af each of the tollowing offic�rs: I'resideni, any Execul'rve Vice President, any Senior Vice Presldent,
any Vice President, any Asslsfant Vice Rresident, any 5ecretary, any Assisiant 5ecretary, and ihe seal of fhe Campany may be affixed Gy facsimile to
any Power ai Attomey or to any certificai� relating thereto appointing Resident 1lice Presidents, Resident Assistant Secretaries or Attomeys-in-
Faet for purposes only af executing and atiesting bonds and undertakings and other wrilings obilgatery in the nature thereof, and any such Power of
/�ttorney or certificate bearing such facsimil� signature or facsimile sea! shall be vaiid and binding upon ihe Gompany and any such paw�r so executed
and certified by such fiacsimile signature and facsimile seai shall be vaiid and binding an the Company in ihe tulure wiih respect io any bond or
understanding to which ii is attached.
I, Kevin E. Hughes, the unt3�rsigned, Assistant Searetary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Pnw�r of Atterney executed by said Companies, which remains in full force and effect.
Dated this 12 day of May , 2022
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Kevin E. Hughes, Assi tant Secretary
To verify the authenticity of this Power ofAttorney, p/ease ca// us at 1-800-921-3880.
P/ease refer to the above-named Attorney(s)-in-Facl' and the detai/s of the bond to which this Powe�ofAttorney is attached,
WARRANTY BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
Annual Form
B�(v(� N�. 107488535
KNOW ALL MEN BY THESE PRESENTS:
That we DG�GFairfaxiaQ2172021 LLC , as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY
OF AMERICA, as Surety, a corporation organized and existing under the l.aws of the State of Connecticut , are held and
firmly bound unto City of Fairfax 1A , as Obligee in the penal sum of
One Hundred Thirty-Four Thousand Doliars and o0/100 cents U.S. Doilars ($134,00o j for the payment whereof said Principal and
Surety bind themselves, jointly and severally, as provided herein.
WHEREAS, the Principai entered into a contract with the Obligee dated 5/12/2022 for
Water Main Extension ("Work").
NOW, THEREFORE, 7HE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall remedy any defects due
to faulty materials or workmanship which shall appear within a period of 2 year(s) from the date of substantial
completion ("Warranty period") of the work provided for in the Contract, then this obligation to be void; otherwise to remain
in fuil force and effect.
F'ROVIDED, MOWEVER, that any suit under this bond shall be commended no later than (1) year from the expiration date
of the Warranty Period; provided, however, that if this lirnitation is prohibited by any law controlling the construction
hereof, such limitation shall be deemed to be amended so as to be equal tc� the minimum period of limitation permitted by
such law, and said period of limitation shall be deemed to h��ve accrued and shal! commence to run on the expiration date
of the Warranty Period.
IN WITNESS WHEREOF, the said Principal and Surety have signed and seal�d_it�is instrument this 12th day of
May , 2022 �,-�'�� ,
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(Seal)
TRA�ELERS CASUA TY AND SURETY COMPANY OF RMERICA
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Luk D Nixon , Attorney-in-Fact
S-2326-1 {D7-97)