HomeMy WebLinkAboutA047 - Email from City Attorney dated June 22, 2012, regarding $76,450 performance bond Re: $76,450 Bond for North Grand Mall
— Doug Marek to: Doug Marek 06/22/2012 06:55 PM
Cc: "Charles Kuester","Diane R Voss", "Eric Cowles"
Doug Marek The$76,450 bond was required to guaranty installation of the public in
2 attachments
NN
47089.pdf public improvement agreement NGM p 54.pdf
The$76,450 bond was required to guaranty installation of the public improvements required to satisfy the
subdivision standards since those improvement were not installed prior to final plat approval. The public
improvement plan, including the itemized list of public improvements (sanitary sewer, water mains, and
hydrants) to be installed, is attached to the bond. See page 5, below:
The public improvement guaranty is the subject of the first sentence of Part IV, Security, in the 2007
development agreement. That same sentence also refers to an improvement agreement to guarantee
the completion of all such required improvement." That separate agreement is approved by the public
works director and is recorded with the plat documents at page 54. See attached:
If the sanitary sewer,water mains, and hydrants are still needed at NGM to satisfy the subdivision
requirements of the Code, the developer should install them before the bond is released. If they are not
needed, I suppose a new plat would need to be prepared and approved by Council that doesn't reflect the
public improvements, at which time the bond could be released.
I have a meeting away from the office at 2:00 PM Monday, and it's likely I will not be back before the
meeting that is set for 3:30. If you need any more information from me, or if there is action needed as a
result of the meeting, let me know.
Doug Marek
Ames City Attorney
515 Clark Avenue `T I
P.O. Box 811
Ames, Iowa 50010 --
Tel: 515-239-5146 � A&R
� m�
Fax: 515-239-5142
E-mail: dmarek@city.ames.ia.us
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From: Doug Marek/COA
To: "Charles Kuester"<ckuester@city.ames.ia.us>
Cc: "Diane R Voss"<DVoss@city.ames.ia.us>,"Eric Cowles"<ecowles@city.ames.ia.us>
Date: 06/19/2012 11:50 AM
Subject: Re:$76,450 Bond for North Grand Mall
Check with Tracy or John. As I recall that is for the public improvements required as a condition of
subdivision approval. The bigger bond was for private improvements.
Sent from my iPhone
On Jun 19, 2012, at 8:28 AM, "Charles Kuester" <ckuester@city.ames.ia.us>wrote:
>This notice has already been applied to the meeting.
>The City is still holding a bond for$76,450 to cover water mains and fire hydrants for Streets of North
Grand. This bond is not mentioned in the Development Agreement and the later Supplemental
Agreement. I've been asked by the bonding company for an update and I need to understand why we are
holding this bond and whether it can be released. Please bring any info you have to the meeting. Thanks
104971860
PERFORMANCE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
BOND Hartford, Connecticut 06183
(Miscellaneous,not Construction)
KNOW ALL MEN BY THESE PRESENTS, That we Grand Center Partners, LLC and North Grand Mall
Partners, LLC, as Principal, (hereinafter called "Principal"), and
Travelers Casualty and Surety Company of America, a Connecticut corporation, as Surety, (hereinafter called
"Surety"), are held and firmly bound unto City of Ames, Iowa, as Obligee, in the full and just sum of Seventy-six
thousand four hundred fifty U.S. Dollars ($76,450.00)to be paid to the said Obligee or its successors or assigns
for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns,jointly and severally, firmly by these presents.
WHEREAS the Principal has entered, or is about to enter, into a written Agreement with the Obligee for Public
Improvement at Streets of North Grand as is more specifically set forth in said Agreement, to which reference
is hereby made.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well and
truly perform and carry out the covenants, terms, and conditions of said Agreement, then this obligation to be
void; otherwise to remain in full force and effect.
Signed this 9th day of July,2007.
Grand Center Partners, LLC and North Grand Mall
Partners, LLC
(Principal)
By:
GI,Developm nt, Inc., Manager
Travelers Casualty and Surety Company of America
By:
Tara S. Petersen,Attomey-in-Fact
(S-1935-B1)06-03
Streets of North Grand
Public Improvement Plan
Opinion of Probable Construction Costs
OHM
Prepared for GK Development Solutions Through Service
June25,2007
Estimated Unit Extended
Description Unit Quantity Price Price
1 8-inch Sanitary Sewer L.F. 271 $40.00 $10,840.00
2 48-inch Dia.Sanitary Manhole A EA. 3 $3,000.00 $9,000.00
3a 8-inch Water Main L.F. 139 $40.00 $5,560.00
3b 8-inch Water Main DIP L.F. 739 $50.00 $36,950.00
4 8-inch 11.25 Degree M.J.Bend EA. 3 $450.60 $1,350.00
5 8-inch 22.5 Degree M.J.Bend EA. 1 $450.00 $450.00
6 8-inch 45 Degree M.J.Bend EA. 2 $450.00 $900.00
7 8-inch M.J.Gate Valve EA. 2 $1,000.00 $2,000.00
8 8"x8"x4"M.J.Tee EA. 2 $450.00 $900.00
9 Hydrant and Hydrant Run(includes 8"W'4"M.J.Tee,6"M.J.Gate EA. 2 $3,000.00 $6,000.00
Valve,6"Pipe,6"90 Degree M.J.Bend,and Hydrant)
Total $73,950.00
2.So-:�
`l Y5b
- City Clerk's Office
515 Clark Avenue,P.O.Box 811
Caring People Ames,IA 50010
Q-Ury P-9—
Eweptional service Phone: 515-239-5105
Fax: 515-239-5142
July 11, 2007
TO WHOM IT MAY CONCERN:
I,Diane R. Voss,hereby certify that I have this date received from GK Development,Inc.,on behalf
of North Grand Mall Partners, LLC, a Performance Bond in the amount of$76,450.00. This Bond
is submitted to guarantee completion of public improvements in the Streets of North Grand
Subdivision and has been placed on file in the Ames City Clerk's Office, 515 Clark Avenue.
By: (Yfd a•
Diane R. Voss
Title: City Clerk
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Douglas R.Marck City of Amcs Lcgal Department,515 Clark Avenue,Ames,Iowa 50010 (Phone: 515-239-5146)
AGREEMENT FOR PUBLIC IMPROVEMENTS
The parties to this Agreement,made pursuant to Section 23.304 of the Ames Municipal Code,are
NORTH GRAND MALL PARTNERS, LLC,hereinafter referred to as"Owners",and the CITY OF AMES,
IOWA,hereinafter referred to as"City".
WHEREAS,the Owners are in the process of platting a subdivision of real estate to be known as
Streets of North Grand,Ames,Story County,Iowa;and
WHEREAS,the Owners are required to construct certain improvements and utilities within the real
estate,to wit: 5'fr"e.e.-k, X /tl�r{Gt C rKK cQi au e cc.<(��a s� #by not later than one fa.v
,, t �Gz{� �� h� �(� .�t-�.a 6�,MtP(cfand to pay reasonable erigineermg and inspection fees therefor,
all as part of the platting procedure of the City,
NOW,THEREFORE, in consideration of the prenuses,it is hereby agreed that the Owners shall
deposit with the City a surety bond, letter of credit, or certified check in the amount of$76, Y50,00
conditioned upon the completion of the said improvements and utilities,by the said date,as required by the
City for said Subdivision,in accordance with plans and specifications on file with the City's engineers and
by this reference made a part of this Agreement.
IT IS FURTHER AGREED that City reserves the right to construct said improvements and utilities
in the event Owners fail to do so as herein agreed,and to cover the costs thereof with the surety bond,letter
of credit,or the certified check, as the case may be.
IT IS FURTHER AGREED that satisfactory completion of the said improvements and utilities,
including the paying of reasonable engineering and inspection fees therefor (and such fees shall be in
accordance with the maximum fees allowed under the fee schedule set out in the Ames Municipal Code),the
bond shall be released and the bondsman exonerated,the letter of credit released,or the certified check shall
be returned to Owners,as the case may be.
DATED this�day of �t� 12007.
OWNERS CITY OF AMES,IO A
orth Grand Mall Partners,LLC
ohn Joiner,DjrC5�pl
of Public Works
By:
I U
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
TRAVELERS POIVER OF ATTORNEY
Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United Stales Fidelity and Guaranty Company
Attorney-In Fact No. 218104 Certificate No. 001348137
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and
Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that
the Companies do hereby make,constitute and appoint
Dwight F.Miller,David C.Banks,Janice B.Kaplan,Carol F.Tasciotti,Evonne Brown,Adele M.Korczak,Grace Villarreal,Gail Schroeder,Barbara J.
Bailey, Cindy Genslinger, Gina M. Damato, Thomas A. Pictor, Erik Janssens, Jane Bronson, Michael Damewood, Rosemary Muliere, Kathleen M.
Anderson, Vaenessa Sims, Luisa Catalano, Marva Miller, Jeffrey Malecek, Kristy M. Kreger, Thomas N. Tague, Gabriel Jacquez, Brenda D.
Hockberger,Meredith Day,Sarah A.Bibo,Michael A.Clark,Carlina A.Jewell,Tara S.Petersen,Todd D.Baraniak,Dale F.Poquette,Oscar F.Rincon,
Heather Meyer, Stephanie Barranco, Patrick J. Brennan,Jr.,Jennifer Fortier,Moises Aleantar,James P.Fagan,John F. L. Winans,Casey McCarthy,
Dana Junk,Amar Patel,Heather J.Meneghetti and Lucy Samuel
of the City of Naperville/Chicago State of Illinois their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their-bus iness of,guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or penuljttcdl in agyA&ons o. t+gceedings allowed by law.
t 15th
IN WITNESS WHEREOF,the Comp2 6 anies have caused this inst 6M t he�,;ne and the
00 t cor�orateyseals to be hereto affixed,this
day of �: �
December
Farmington Casualty Co pBnV § hl� a<' f St.Paul Guardian Insurance Company
Fidelity and Guaranty°I ranc�to�pauy,;y v St.Paul Mercury Insurance Company
Fidelity and Guaranty Insut itce Underwi f s,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Gr.Su,��� VP?N� SnNEfy r![c �!N �NSG �1NSUq !\f ANO �tjfY
Z t��t o � 1977 � 1927 'r — `•�+ ";w°_'`� ttutrrorn, " 3 tumwno. 'tea
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State of Connecticut By:
Y
City of Hartford ss. /GeorgelgThompson, nior ice President
On this the 15th day of December 2006
Y before me personally appeared George W.Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,
Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers
Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being
authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
Q!r�g
In Witness Whereof,I hereunto set my hand and official seal. �
My Commission expires the 30th day of June,2011. # Marie C.Tetreault,Notary Public
58440-8-06 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is°ranted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company.Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of
America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety olnpan Qmeric ; d United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Powe ( tta exe2ufed b S ompanies,which is in full force and effect and has not been
revoked. Y3
1 3 r t
IN TESTIMONY WHEREOF,I have hereunto set my hand a4�A yell th sda�s o i�}ianies this day of u I 200
. `ik V.
AI
it tt?
Kori M.Johans Assistant Secretary
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�NEVt AHCf 1S..AMA ft..,...r� ��� � s+�� `•✓ �JUN
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attomey-In-Fact number,
the above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER