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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