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Home My WebLink AboutA031 - Letter to Timothy Hogan dated August 11, 2004 f ti - City Clerk's Office 515 Clark Avenue,P.O.Box 811 C-qXd pOO* Ames,IA 50010 &rvkv Phone: 515-239-5105 Fax: 515-239-5142 August 11, 2004 Mr. Timothy Hogan 3101 Ingersoll Avenue Des Moines, Iowa 50312 Dear Mr. Hogan: At their meeting of August 10, 2004, the Ames City Council adopted Resolution No. 04-340 accepting completion of the required surface paving and releasing the financial security for Bloomington Heights West Subdivision, 2nd Addition. The Performance Bond numbered IAC 31402 has been released and is enclosed herewith. If you have any questions, please contact me. Sincerely, Diane Voss City Clerk /dry Enclosure Copy to: John Joiner, Public Works . 1 PERFORMANCE BOND Bond # IAC 31402 KNOW ALL MEN BY THESE PRESENTS; That Bloomington Heights West Townhomes, L.C. Of Urbandale, Iowa as Principal,and Merchants Mutual Bonding Co. as Surety,are held and firmly bound unto the City of Ames Iowa in the penal sum of Seven Hundred Fifteen thousand nine hundred sixty & 52/100 ($ 715,960.52 ) 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 The above bounded Principals platting certain lots entitled Bloomington Heights West Plat 2 being an official plat or proprietor's plat within the City of Ames ,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: 1. Storm Sewers ( $ 157,116.00) 2. Sanitary Sewers ($177,780.00 3. Water Mains (105,810.00�9- 4. Paving ( $217,675. ) 5. Bike Paths ( $ 21,579.00) 6. Street Lights ( $ 36,000.00) 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 gee the Obligee all outlays Y 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 two years from completion date. IN WITNESS WHEREOF,we have hereunto set our hands and seals this 19th day of Sept. 2003 By: Bloomington Heights West TownhomeBy L.'— C pp�� Iergaints Mutual Bonding Co. By: Surety APPROVED AS TO FORM BY� Qy Aft" �3 f •i ti Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. 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,James E.Krist of Urbandale and State of Iowa its true and lawful Attomey-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 Attomey-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the followin g 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 authority to appoint Attomeys-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 23rd day of August 2002 •Q.•---•. •• 0 .CQ,h'•• MERCHANTS BONDING COMPANY MUTUAL •Oa• P 0 '0 ' ( ) •h' • -Jr-*- :a By 1933 c: •ob ��• STATE OF IOWA �'•......•'• President COUNTY OF POLK ss. On this 23rd day of August 2002 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,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. �f�,, RUTH K.MCCLAIN4OW � F Commission Number 201299 M Commission Exppires February 19,2004 Notary Public,Polk County,Iowa 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. IniVllitpsss Whereof,I havg her@unto set my h pttaud affixed the seal of the Company on this yyLLfrll day of ePL GvUlU3 �.....• �/ m:vOa 9'q.�9yc: Secretary •y a' 1933 MSC 0814(1102) yam`, •Cb.