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HomeMy WebLinkAboutA023 - Letter to Timothy Hogan dated December 12, 2001 ' City Clerk's Office 515 Clark Avenue,P. O. Box 811 CaringPeopla Ames, IA 50010 Quariry Programs Phone: 515-239-5105 Evepliona/.nvicr Fax: 515-239-5142 December 12, 2001 Mr. Timothy Hogan 3101 Ingersoll Avenue Des Moines, Iowa 50312 Dear Mr. Hogan: At their meeting of Decemberl 1, 2001, the Ames City Council adopted Resolution No. 01-550 accepting completion of the required surface paving and modifying the amount of financial security for Bloomington Heights Subdivision, 91h Addition. As a result, the financial security for public improvements on file with the City has been reduced to zero. The Subdivision Bond numbered IAC 29159 has been released and is enclosed herewith. If you have any questions, please contact me. Sincerely, J } Diane Voss City Clerk /dry Enclosure Copy to: John Joiner, Public Works Melissa Hills, Civil Engineering Consultants _ o �-TED M&a __ 2100 Fleur Drive, Des Moines, IA 50321-1158 SUBDIVISION BOND Bond No. IAC 29159 Know all men by these presents: THAT we, Ames Land Company, L.L.C. as Principal, and MERCHANTS BONDING COMPANY (MUTUAL) of Des Moines, Iowa (hereinafter called the Surety) are held and firmly bound unto the Ci ty of Ames , Iowa, as Obligee, in the penal sum of Thirty-Six Thousand and NO/100 lawful money of the United States to the payment of which sum well and truly tobe(made,the Plars `OO,pal herein firmly binds himself (themselves), their heirs, executors, and administrators, and the said Surety binds itself, its successors, assigns, executors and administrators, jointly and severally, firmly by these presents. NOW THE CONDITION OF THIS OBLIGATION IS SUCH,THAT,whereas the above bounden Principal is platting certain lots entitled Bloomington Heights Plat 9 being an official plat lying within the City of Ames County of Story , State of Iowa. WHEREAS, the above bounden Principal has agreed with the Obligee to install the following improvements: Streets and Street Lighting ALL such improvements to be completed in accordance with an agreement between the Principal and the Obligee. NOW,if the Principal shall in all respects fulfill his said obligation according to the terms thereof,and shall satisfy all claims and demands incurred for same,and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default,then this obligation is to be void and of no effect; otherwise to remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 16th day of June 46 2000 Ames Lan_d Company, L.L.C. incipal AppROVED AS To FORM By.: 70, 61� MCHA TTS BOND G CO ANY (MUTUAL) BY John R.IUm By "°y ianne S. Riley Atto ey-in-fact Merchants Bonding Company (MIPT ' POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents make,constitute and appoint Craig E. Hansen, Robert F. Peck, Jay D. Freiermuth, Dianne S. Riley, Janet Alessio or Martha Lathrum of Des Moines and State of Iowa its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION ($5,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all such acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on October 3,1992. ARTICLE 11,SECTION 8.—The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II,SECTION 9.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 22nd day of November , 1999 . '.9-•0' MERCHANTS BONDING COMPANY(MUTUAL) .O• N O.ORP09 .9• •y • y;. 1933 By . 1y . •Cti• • •• STATE OF IOWA • President COUNTY OF POLK ss. ••'•••'' On this 22nd day of November 1999 before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof.1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. C• 0s y4 e, /// -a <'9 •� Cc • 'OWA••• Z : Notary Public,Polk County,Iowa • � • STATE OF IOWA f p •. qq - COUNTY OF POLK ss. ••.••s• % se; I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY,executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in force and effect. In Witness Whereof,I have hereunto set my hand and affixed the Seal of the Company on this 16th day of June 2000 %IAG Co �j �O OR P 0 9 •y•. S.u•tary •y � •�;'t -O- �' • MSC 01114(2(98) .. _ 1933 �'3'