HomeMy WebLinkAboutA033 - Letter to Thomas Fisher dated November 9, 2005 Car ingPeople 515 Clark Avenue, P. 0. Box 811
Quality Programs Ames,IA 50010
Exceptional service Phone: 515-239-5105
Fax: 515-239-5142
November 9, 2005
Mr. Thomas G. Fisher, Jr.
3101 Ingersoll Avenue
Des Moines, Iowa 50312
RE: Bloomington Heights West Subdivision, Is`Addition
Dear Mr. Fisher:
At their meeting of November 8, 2005, the Ames City Council adopted Resolution 05-456
accepting completion of public improvements for the above-named Subdivision.
Enclosed is the original Performance Bond numbered IAC31391 for your disposal.
Thank you.
Sincerely,
Diane Voss
City Clerk
/dry
Attachment
r
r
PERFORMANCE BOND IAC 31:391,
KNOW ALL MEN BY THESE PRESENTS;
That n1 r.omi ngton Heights West—Develop ment Plat 1
Of
as Principa, an
as Surety, are held an irm y oun unto the ity o Ames Iowa
in the penal sum ofsnn Hun _hnu.-,and nine hundred sixty-four
8 010 0($ 18 3, 9 6 4 .8 0 Dollars, lawful money of the United States of America,
for the payment of which, well and truly to be made,the heirs, executors,administrators,
successors and assigns,jointly and severally, firmly by these presents.
NOW THE CONDITION OF THIS OBLIGATION IS SUCH,THAT,whereas
Theme a#bovee bounded Principals platting certain lots entitled B 1 nnm i n g t o n Heights West
emb'g an officia p T r p prietor s p at withm t e ft of 8-- , Polk
County, State of Iowa.
WHEREAS,the above bounded Principal, in platting the property has represented
to the Obligee that Principal will install the following described improvements:
Water $29 , 538 00
Sanitary $45, 885.00
Storm $30, 318 . 00
Paving $66, 223 .80
Street Lights $12,000 . 00
All such improvements to be completed in accordance with the Site Plan, Subdivision
Ordiances, Standard Specifications, and Platting Requirements of the Obligee.
NOW, if the Principal shall in all respects fulfill the said obligations 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 and 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 1 3 th
day of August 2002.
By: mi to e ' ht West Townhomes, L.C.
y:
Bonding Y:James Myers
Surety
By
arcia S. Barrick
Attorney-In-Fact
Merchants Bonding Company
(Mutual)
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
Marcia S.Barrick,Alfred J.Baumann,Jeff E.Eide,James E.Krist,David L.Mackowski
of Urbandale 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:
ONE MILLION($1,000,000.00)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 the 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 B-The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority 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 11,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 12th day of June 2001 .
•• '�G CO*A MERCHANTS BONDING COMPANY(MUTUAL)
to
• :Cf 9.�'yr:
wry-:= -o-
•Z �•
a'
. y 1933 :C. By
day. ....••'`1
STATE OF IOWA too o..
•• President
COUNTY OF POLK ss.
On this 12th day of June 2001 before me appeared Larry Taylor,to
me personally known,who being by me duly swom 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,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first
above written.
too
1.K' MSC 0.0
/ C
i � Z Notary Public,Polk County,Iowa
IOWA
• Orq •........• I,-P .
STATE OF IOWA •••.......•'
COUNTY OF POLK ss.
1,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 1 I Lt h day of August 2002,
�1 A
4p von P 0 gq�9ti� Secretary
�:_ -o- o;
'Z :3•
1933
• y •c.
• Y
MSC 0814(2/98) • •�to
•:'d.>;W `tea:
to
.•
C °
_o D
FROM THE DESK OF KATHY HUGEN �CIO JOJKr—tl
p , � 3
FACSIMILE TRANSMITTAL SHEET
TO: AMES PLANNING & HOUSING/ CITY FROM:
CLERK ATTN: RAY ANDERSON/DIANE
Kathy Hugen
COMPANY: CITY OF AMES DATE: 8/13/02
FAX NUMBER: 515-239-5142 TOTAL NO. OF PAGES INCLUDING COVER:
3
PHONE NUMBER: RETURN FAX NUMBER: (515) 334-8777
RETURN PHONE NUMBER: (515) 202-2930
RE:PERFORMANCE BOND FOT CC:
BLOOMINGTON HEIGHTS WEST PLAT 1
❑ URGENT FOR YOUR REVIEW ❑ PLEASE COMMENT ><FOR YOUR RECORDS
NOTES/COMMENTS:
James Myers returned to the office and realized that he still had this Performance Bond with him.
I will bring the original into you Wednesday 8/14/02 early AM.
Please call James Myers at 515-334-8756 or Bill Spencer(Land Development) at 515-334-8779
with questions or clarifications on the Performance Bond.
Sincerely.
Kathy Hugen
THIS COMMUNICATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY
CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF
YOU ARE NOT THE INTENDED RECIPIENT, YOUR ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR
THE TAKING OF ANY ACTION BASED ON OR REGARDING THE CONTENTS OF SUCH DOCUMENT(S) IS STRICTLY PROHIBITED. IF
YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE NOTIFY THE SENDER BY TELEPHONE TO ARRANGE FOR THE
RETURN OF THE ORIGINAL DOCUMENT(S).
REGENCY HOMES
2530 73RD STREET
URBANDALE , IOWA 50322
' City Clerk's Office
515 Clark Avenue,P.O.Box 811
Caring People Ames, IA 50010
Q„aiuy P,as a„s Phone: 515-239-5105
LueptioaaI.Service
Fax: 515-239-5142
August 13, 2002
TO WHOM IT MAY CONCERN:
I Diane R.Voss hereby certify that I have this date received from Bloomington Heights Development
> g Y fY � p
a Performance Bond in the amount of$183,964.80.
Said instrument has been placed on file in the Ames City Clerk's Office, 515 Clark Avenue, for the
development of the public improvements: watermain, sanitary sewer, storm sewer, paving (Hyde,
Harrison), and streetlights in Bloomington Heights West Subdivision, 1st Addition, to the City of
Ames, Iowa.
Diane R. Voss
Title: City Clerk
C
° DD
FROM THE DESK OF KATHY HUGEN y(.10JOK tad
PI b3
FACSIMILE TRANSMITTAL SHEET
TO: AMES PLANNING & HOUSING/ CITY FROM:
CLERK ATTN: RAY ANDERSON/DIANE
Kathy Hugen
COMPANY: CITY OF AMES DATE: 8/13/02
FAX NUMBER: 515-239-5142 TOTAL NO. OF PAGES INCLUDING COVER:
3
PHONE NUMBER: RETURN FAX NUMBER: (515) 334-8777
RETURN PHONE NUMBER: (515) 202-2930
RE: PERFORMANCE BOND FOT CC:
BLOOMINGTON HEIGHTS WEST PLAT 1
❑ URGENT N FOR YOUR REVIEW ❑ PLEASE COMMENT FOR YOUR RECORDS
NOTES/COMMENTS:
James Myers returned to the office and realized that he still had this Performance Bond with him.
I will bring the original into you Wednesday 8/14/02 early AM.
Please call James Myers at 515-334-8756 or Bill Spencer(Land Development) at 515-334-8779
with questions or clarifications on the Performance Bond.
Sincerely.
lathy Hugen
THIS COMMUNICATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY
CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF
YOU ARE NOT THE INTENDED RECIPIENT, YOUR ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR
THE TAKING OF ANY ACTION BASED ON OR REGARDING THE CONTENTS OF SUCH DOCUMENT(S) IS STRICTLY PROHIBITED. IF
YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE NOTIFY THE SENDER BY TELEPHONE TO ARRANGE FOR THE
RETURN OF THE ORIGINAL DOCUMENT(S).
REGENCY HOMES
2530 73RD STREET
URBANDALE , IOWA 50322
' City Clerk's Office
515 Clark Avenue,P.O.Box 811
Caring People Ames,IA 50010
Quadry Pmgra Phone: 515-239-5105
F.xceplinnal$e,11tCP Fax: 515-239-5142
August 13, 2002
TO WHOM IT MAY CONCERN:
I,Diane R.Voss,hereby certify that I have this date received from Bloomington Heights Development
a Performance Bond in the amount of$183,964.80.
Said instrument has been placed on file in the Ames City Clerk's Office, 515 Clark Avenue, for the
development of the public improvements: watermain, sanitary sewer, storm sewer, paving (Hyde,
Harrison), and streetlights in Bloomington Heights West Subdivision, 1st Addition, to the City of
Ames, Iowa.
Diane R. Voss
Title: City Clerk