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HomeMy WebLinkAboutA055 - Resolution No. 22-268 adopted May 24, 2022 - completion of public improvements; final LOC documents RESOLUTION NO. 22-268 RESOLUTION ACCEPTING COMPLETION OF PUBLIC IMPROVEMENTS REQUIRED FOR THE IRONS SUBDIVISION FOR THE CITY OF AMES, IOWA BE IT RESOLVED, by the City Council of the City of Ames, Iowa: Section One. In accordance with the Certificate of the Public Works Director, that all the paving, sidewalks, and shared use path pedestrian ramps improvements required for The Irons Subdivision are hereby accepted as complete and satisfactory; and, Section Two. The bond given to secure performance of the public improvements is hereby released and shall be returned to the subdivider. ADOPTED THIS 24th day of May, 2022. Diane R. Voss, City Clerk John A. Haila, Mayor Introduced by: Betcher Seconded by: Junck Voting aye: Beatty-Hansen, Betcher, Gartin, Junck, Rollins Voting nay: None Absent: Corrieri Resolution declared adopted and signed by the Mayor this 24t'day of May, 2022. Voss, Diane From: Voss, Diane Sent: Wednesday, June 15, 2022 3:33 PM To: mark@bellahomesiowa.com Subject: The Irons Subdivision Attachments: 268.pdf Mark: At its meeting held May 24, 2022, the Ames City Council adopted Resolution No. 22-268 accepting completion of public improvements and releasing the security for the above-named Subdivision. Said Resolution is attached. I have mailed without cover the original Letter of Credit to you this date. Thank you for working with the City of Ames. Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org 1 Exhibit A THE IRONS Remaining Public Improvments to be done 4.10.17: Paving-Extreme Concrete: SY/QTY Price 4"PCC City Sidewalks 192 $ 48.00 $ 9,216.00 7"PCC Pavement 3330 $ 46.47 $ 154,745.10 5"PCC Shared Trail-10'wide 2818 $ 48.00 $ 135,264.00 6"PCC Sidewalk 15 $ 48.00 $ 720.00 Interior Sidewalks 676.5 $ 48.00 $ 32,472.00 COSECO 24.7 $ S00.00 $ 12,350.00 Utility Work-J&K: Remaining Punch List $ 7,800.00 Storm Sewer 100%Complete Total Work Remaining: $ 352,567.10 The Irons Diane R Voss to: Tracy Warner 09/19/2017 06:12 PM Bcc: Diane R Voss Tracy: The LOC for The Irons will expire on October 25, 2017. It is in the amount of $352,567.10, with a large portion of that being for pavement and the shared use trail. Can you check to see if any of the improvements are in and advise me. Thanks! Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 LOCs Diane R Voss to: Tracy Warner 08/17/2017 02:04 PM Bcc: Diane R Voss FYI: The attached LOCs will expire within the next 90 days. Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 -----Forwarded by Diane R Voss/COA on 08/17/2017 02:01 PM ----- From: Jennifer Kapaun<jenniferk@hunziker.com> To: Diane R Voss<DVoss@city.ames.ia.us> Date: 08/17/2017 01:15 PM Subject: LOC E Diane, Good morning! We have several LOC that will need reductions due to items completed I know that you guys are a little short handed but I thought I would at least get this into your hands right away so that you can start working on it. #1 otson Dr final asphalt surfacing&erosion control completed V (6y.P.6-k 119�yden's Crossing 2nd Street lighting completed #125�enic Valley 2nd Asphalt surface&final adjustment of utility complete > nset Ridge 7th Sidewalks&erosion control complete # Aenic Valley 41 Asphalt surface paving complete �� 1 94 Hayden's Crossing Detention basin complete ks for your help. Regards, Jennifer Jennifer Kapaun I Executive Assistant I Hunziker Land Development Office:515-239-8672 1 Cell:515-450-7555 1 Email: ;enniferk e hunziker.com Hunziker & Associates, Realtors 1 105 S. 16th Street Ames, Iowa 50010 Licensed in the State of Iowa Page 1 of 1 LOC fo Hunziker Jennifer Kapaun to: Diane R Voss 09/20/2017 10:55 AM Cc: Chuck Winkleblack Hide Details From: Jennifer Kapaun<jenniferk@hunziker.com> To: Diane R Voss <DVoss@city.ames.ia.us> Cc: Chuck Winkleblack<Chuck@hunziker.com> History: This message has been replied to. Diane, I am following up on an email that I sent 8/17/17 about LOC's that will be expiring in the near future. . Hoping that we can get someone out there to take a look at the subdivisions so that we can get the LOC's reduced if needed. Here is the list: #116 Village Park Exp 11/17/17 #119 Haydens Crossing 2nd Exp 1/4/18 a ey nExp 1/12718- o son xp 994 Haydens Crossing Exp 4/15/18 Regards, Jennifer Jennifer Kapaun I Executive Assistant I Hunziker Land Development Office:515-239-8672 1 Cell:515-450-7555 I Email:ienniferk(jr hunzikencom Hunziker & Associates, Realtors 1 105 S. 16th Street Ames, Iowa 50010 Licensed in the State of Iowa file:///C:/Users/diane.voss/AppData/Local/Temp/notesC7A056/—web3094.htm 9/20/2017 Page I of 3 Re: LOCs Tracy Warner O to: Diane R Voss 10/03/20I7 07:26 PM Cc: John C Joiner Hide Details From: Tracy Warner/COA To: Diane R Voss/COA@COA Cc: John C Joiner/COA@ � 5 Attachments Scenic Valley 2nd - F eni Valley Ist- Final.pdf Sunset Ridge 7th- Final.pdf E,. Dotson Drive Subdivision i ial.pdf Crane Farm 4th Addition( artial R ease I.pdf Here is what I have created for partial release/full (final) release/acceptance. #101 Dotson Dr final asphalt surfacing & erosion control completed 0ed ay�a letter where it indicates that we can do a full release) #119 � =nd- ss� - - Street lighting completed (I a hecking with Electric and will get back to you about this one) #120 Scenic Valley 2nd Asphalt surface & final adjustment of utility complete (I attached a letter where it indicates that we can do a full release) k1,#125 Sunset Ridge 7th Sidewalks & erosion control complete �" (I attached a letter where it indicates that we can do a full release) �1) /#91 Scenic Valley #1 Asphalt surface paving complete � (I attached a letter where it indicates that we can do a full release) 6#94 Hayden's Crossing Detention basin complete (I a checking with our Stormwater group whether we have received the required `ilts and will get back to you about this one) Non Hunziker ones included/update: rane Farm 4th Addition Per Keith's request to John J. file:///C:/Users/diane.voss/AppData/Local/Temp/notesC7A056/—web4821.htm 10/4/2017 Page 2 of 3 (I attached a letter where it indicates that we can do a partial release) The Irons (I am checking with our inspection group whether we have resolved some paving/curb & gutter issues there, I'll keep this on my radar for the next October meeting.) Village Park Subdivision (I am checking with our inspection & stormwater groups, I'll keep this on my radar for the next October meeting.) Tracy L. Warner,Municipal Engineer City of Ames Public Works Department Engineering Division 515 Clark Avenue Ames, IA 50010 Desk: (515) 239-5163 Email: twarner(a)city.ames.ia.us -----Diane R Voss/COA wrote: ----- To: Tracy Warner/COA@COA From: Diane R Voss/COA Date: 09/29/2017 08:59AM Subject: Re: LOCs Thank you! Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 ` Tracy Warner---09/28/2017 06:30:59 PM---Diane, As an update, I spoke with Scott Shepherd about these today and will send you updated letter From: Tracy Warner/COA To: Diane R Voss/COA@COA Date: 09/28/2017 06:30 PM Subject: Re: LOCs Diane, As an update, I spoke with Scott Shepherd about these today and will send you updated letters early next week. Tracy L. Warner, Municipal Engineer City of Ames Public Works Department Engineering Division fite:///C:/Users/dlane.voss/AppData/l,ocal/Temp/notesC7AO56/—web482I.htm 10/4/2017 Page 3 of 3 515 Clark Avenue Ames, IA 50010 Desk: (515) 239-5163 Email:twarnei-6�city.ames.ia.us -----Diane R Voss/COA wrote: ----- To: Tracy Warner/COA@COA From: Diane R Voss/COA Date: 08/17/2017 02:04PM Subject: LOCs FYI: The attached LOCS will expire within the next 90 days. Diane Voss, City Clerk/Records Manager P. 0. Box 811 Ames, Iowa 50010 (515) 239-5105 ----- Forwarded by Diane R Voss/COA on 08/17/2017 02:01 PM ----- From: Jennifer Kapaun <jenniferk@hunziker.com> To: Diane R Voss <DVoss@city.ames.ia.us> Date: 08/17/2017 01:15 PM Subject: LOC Diane, Good morning! We have several LOC that will need reductions due to items completed. I know that you guys are a little short handed but I thought I would at least get this into your hands right away so that you can start working on it. #101 Dotson Dr final asphalt surfacing & erosion control completed #119 Hayden's Crossing 2nd Street lighting completed #120 Scenic Valley 2nd Asphalt surface & final adjustment of utility complete #125 Sunset Ridge 7th Sidewalks & erosion control complete #91 Scenic Valley #1 Asphalt surface paving complete #94 Hayden's Crossing Detention basin complete Thanks for your help. Regards, Jennifer Jennifer Kapaun I Executive Assistant I Hunziker Land Development Office:515-239-8672 1 Cell:515-450-7555 1 Email: jenniferk hunziker.com Hunziker & Associates, Realtors 1 105 S. 16th Street Ames, Iowa 50010 Licensed in the State of Iowa file:///C:/Users/diane.voss/AppData/Local/Temp/notesC7AO56/—web4821.htm 10/4/2017 Page 1 of 1 Re: LOCs Tracy Warner to: Diane R Voss 10/24/2017 03:50 PM Hide Details From: Tracy Warner/COA To: Diane R Voss/COA@COA Mark is inspecting it right now to see if they have addressed some of our areas of concern and will get back to me this afternoon. Tracy L. Warner,Municipal Engineer City of Ames Public Works Department Engineering Division 515 Clark Avenue Ames, IA 50010 Desk: (515) 239-5163 Email:twarnerRcity.ames.ia.us -----Diane R Voss/COA wrote: ----- To: Tracy Warner/COA@COA From: Diane R Voss/COA Date: 10/24/2017 12:38PM Subject: LOCs Tracy: Sorry to be such a pest, but I am down to the wire now on the LOC for The Irons. You informed me on October 3 that you were checking with your inspection group to see if the paving/curb and gutter issues had been resolved. That LOC expires tomorrow, and I need to correspond with the issuer today. It is in a large amount, took some doing to even get it, and I can't let it expire. Please advise. Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 file:///C:/Users/diane.voss/AppData/Local/Temp/notesC7AO56/—web4319.htm 10/24/2017 Page 1 of 1 -%:, LOC #116 4 Jennifer Kapaun to: Diane R Voss 10/24/2017 09:20 AM Hide Details From: Jennifer Kapaun<jenniferk@hunziker.com> To: Diane R Voss <DVoss@city.ames.ia.us> History: This message has been replied to. Diane, I know that you were going to speak with Tracy about LOC#116 that expires 11/17/17. The bank needs to know sooner than later on this so they can prepare the LOC. Could I have an answer by the end of the week? Regards, Jennifer Jennifer Kapaun I Executive Assistant I Hunziker Land Development Office:515-239-8672 1 Cell:515-450-7555 1 Email:jenniferk@hunziker.com Hunziker & Associates, Realtors 1 105 S. 16th Street Ames, Iowa 50010 Licensed in the State of Iowa file:///C:/Users/diane.voss/AppData/Local/Temp/notesC7A056/—web5924.htm 10/24/2017 e � 16 Ci Ty OF � ► Ames.. Smart Choice Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160 ♦ Fax 515-239-5404 October 24, 2017 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 Ladies and Gentlemen: I hereby certify that a portion of the 7" PCC Pavement, required as a condition for approval of the final plat of The Irons Subdivision, has been completed in an acceptable manner by Extreme Concrete of Huxley, Iowa. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced to $203,026.64. The remaining work covered by this financial security includes the installation of pedestrian ramps and sidewalks, shared use path, replacement of 7" PCC Pavement (cracked slab at crosswalk and 90 ft of substandard curb), utility punch list corrections, and erosion control. Sincerely, ��/_ John C. Joiner, P.E. Director J1/tw cc: Finance, Contractor, Planning& Housing, Subdivision file Public Works Department 515.239,6160 main 515 Clark Ave.P.O.Box 811 Engineering 515.239.5404 tax Ames,IA 50010 www.CityofAmes.org The Irons Subdivision October 24, 2017 Page 2 Description Unit Quantit 4" PCC City Sidewalks SY 192 7" PCC Pavement SY 3330 5" PCC Shared Trail - 10' wide SY 2818 6" PCC Sidewalk SY 15 Interior Sidewalks SY 676.5 COSESCO- Erosion Control ACRE 24.7 Utility Work(Punch List) LS 1 Page 1 of 1 Re: Irons - Letter of Credit Steve Domino to: Diane R Voss 10/25/2017 03:45 PM Cc: Chris Gardner Hide Details From: Steve Domino <steve@bellahomesiowa.com> To: Diane R Voss <dvoss@city.ames.ia.us> Cc: Chris Gardner<chris@bellahomesiowa.com> Of course. He's copied on this email. Here's his cell: 515-401-8615 Steve Domino I Bella Homes I c: 515-450-7574 From: Diane R Voss<DVoss@city.ames.ia.us> Sent: Wednesday, October 25, 2017 3:31:41 PM To: Steve Domino Subject: Re: Irons- Letter of Credit Steve: have just spoken with Kevin Brooks, President of South Story Bank. He will be responding to me shortly. I would still like to have current contact information for Chris Gardner. Thanks for your assistance! Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 From: Steve Domino<steve@bellahomesiowa.com> To: "dvoss@ city.ames.ia.us"<dvoss@city.ames.ia.us> Date: 10/25/2017 03:12 PM Subject: Irons-Letter of Credit Hi Dianne- I have yet to receive an email on this one. Steve Domino I Bella Homes I c: 515-450-7574 file:///C:/Users/diane.voss/AppData/Local/Temp/notes('7:A10 6/--webO802.htm 10/25/2017 t Page 1 of 2 RE: The Irons Kevin Brooks to: Diane R Voss 10/25/2017 03:34 PM Cc: Steve Domino, "chris@bellahomesiowa.com", creditadmin, Eric Hockenberry Hide Details From: Kevin Brooks <KBrooks@southstorybank.com> To: Diane R Voss <DVoss@city.ames.ia.us> Cc: Steve Domino <steve@bellahomesiowa.com>, "chris@bellahomesiowa.com" <chris@bellahomesiowa.com>, creditadmin<creditadmin@southstorybank.com>, Eric Hockenberry <EHockenberry@southstorybank.com> History: This message has been replied to. 1 Attachment KME J- LOC Reduction Confirmation.pdf SSBT has approved the letter of credit in support and approval of our client Bella Homes. It is my understanding Mr. Gardner will be in this week to execute the Letter of Credit, SSBT will then forward the respective documents to the City of Ames your attention. Call should you have questions. Have a great week. ram..4. B,&oaki, President/ CEO 905 NW HWY 69 PO Box 8 Huxley IA 50124-0008 kbrooks(o),souths torybank.com 515-228-3170 Direct 515-681-6299 Cell NNMS#680154 www.southstorybank.com 00H STORY 4, " BANK dx TRUST "A Community Bank with Community Values" From: Diane R Voss [mailto:DVoss@city.ames.ia.us] Sent: Wednesday, October 25, 2017 3:30 PM To: Kevin Brooks<KBrooks@southstorybank.com> Subject: Fw:The Irons Thanks Mr. Brooks! Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 -----Forwarded by Diane R Voss/COA on 10/25/2017 03:29 PM----- file:///C:/Users/diane.voss/AppData/Local/Temp/notesC7AO56/—web8249.htm 10/25/2017 Page 2 of 2 From: Diane R Voss/COA To: steve@bellahomeiowa.com Date: 10/25/2017 02:28 PM Subject: The Irons Sorry - I got called over to the City Attorney's Office. Per our conversation, attached is the confirmation letter for reduction of the LOC signed by the Public Works. Please send me an email to confirm that an updated LOC in the amount of$203,026.64 with an extended expiration date will be sent or hand-carried to me by November 1, 2017. 1 would also appreciate receiving contact information for Chris Gardner. Thanks! Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 This electronic transmission and any documents accompanying this electronic transmission contain confidential information belonging to the sender. This information may be legally protected. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient or receive this message in error, you are hereby notified that any disclosure, copying, distribution or taking any action in reliance on or regarding the contents of this electronically transmitted information is strictly prohibited. file:///C:/Users/diane.voss/AppData/Local/Temp/notesC7AO56/—web8249.htm 10/25/2017 I BANK a TRUST IRREVOCABLE LETTER OF CREDIT Borrower: THE IRONS, L.L.C. Lender: South Story Bank&Trust 506 E 1ST STREET Huxley Office HUXLEY, IA 50124 PO Box 8 905 North US Highway 69 Huxley,IA 50124-0008 Beneficiary: CITY OF AMES 515 CLARK Regarding: Unfinished public improvements to The Irons AMES, IA 50010 Subdivision,Story County,Iowa,as shown on STORY COUNTY Exhibit A,which is attached hereto and by this 900 6TH ST reference incorporated herein. NEVADA, IA 50201 � P NO.: 1106466 EXPIRATION DATE. This letter of credit shall expire upon the earlier of the close of business on 10-25-2017 and all drafts and accompanying statements or documents must be presented to Lender on or before that time, or the day that Lender honors a draw under which the full amount of this Letter of Credit has been drawn (the "Expiration Date"). AMOUNT OF CREDIT. Lender hereby establishes at the request and for the account of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of Three Hundred Fifty-two Thousand Five Hundred Sixty-seven & 10/100 Dollars 1$352,567.10) (the "Letter of Credit"). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above (or other such address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS. Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: THE EARLIER OF 60 DAYS AFTER COMPLETION OF PROJECTS, OR EXPIRATION DATE OF LETTER OF CREDIT Upon Lender's honor of such drafts, Lender shall be fully discharged of Lender's obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including,without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. USE RESTRICTIONS. All drafts must be marked "DRAWN UNDER South Story Bank &Trust IRREVOCABLE LETTER OF CREDIT NO. 1106466 DATED 04-19-2017," and the amount of each draft shall be marked on the draft. Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws are permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial draw(s). PERMITTED TRANSFEREES. The right to draw under this Letter of Credit shall be nontransferable, except for: A. A transfer (in its entirety, but not in part) by direct operation of law to the administrator, executor, bankruptcy trustee, receiver, liquidator, successor,or other representative at law of the original Beneficiary; and B. The first immediate transfer (in its entirety, but not in part) by such legal representative to a third party after express approval of a governmental body (judicial, administrative,or executive). TRANSFEREES REQUIRED DOCUMENTS. When the presenter is a permitted transferee (i) by operation of law or (ii) a third party receiving transfer from a legal representative, as described above, the documents required for a draw shall include a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. COMPLIANCE BURDEN. Lender is not responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i)that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary, and (ii)that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. NON-SEVERABILITY. If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non-severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Iowa without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Iowa. EXPIRATION. Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to Lender on or before the Expiration Date unless otherwise provided for above. REPLACEMENT LETTER OF CREDIT. This letter of Credit is issued in replacement of previous issued letters of credit on behalf of The Irons for the benefit of The City of Ames and Story County Assessor. w IRREVOCABLE LETTER OF CREDIT Doan No: 1106466 (Continued) Page 2 Dated:April 27, 2017 LENDER: SOUTH STORY BANK&TRUST' By: 4� Eric Hockenberry,Vi President- usiness Banker ENDORSEMENT OF DRAFTS DRAWN: Amount Amount Date Negotiated BV In Words In Figures L.... o,Vm.17.1.10.015 C.,D+H USA C.,P.,.0on 1097,2017. AII.610h[v R....-d. -IA CAMCFII1-PLIC43LOC.FC TH-2206 PS-16 APPROVED A� TO FORM BY !!Lv � 9 [Y K. PARKS CITY ATTORNEY Page 1 of 2 k FW: The Irons Steve Domino to: Moss 10/26/2017 10:44 PM Cc: Chris Gardner Hide Details From: Steve Domino <steve@bellahomesiowa.com> To: DVoss@city.ames.ia.us Cc: Chris Gardner <chris@bellahomesiowa.com> History: This message has been replied to. 1 Attachment LOC Reduction Confirm ati on.pdf Hi Diane- I will deliver the hard/signed copy of this tomorrow. FYI, I never received the email you forwarded below. It looks like my email address was missing an "s" steve@bellahomesiowa.com. Please ensure you have this corrected for Chris and me going forward. It will alleviate any perceived lack of response. I assure you, we will respond ASAP. When in doubt, feel free to call either of our cell phones. Let us know if you need anything else right now. Thanks! Steve Domino I Bella Homes I c: 515-450-7574 From: Kevin Brooks [mailto:KBrooks@southstorybank.com] Sent: Wednesday, October 25, 2017 3:34 PM To: Diane R Voss<DVoss@city.ames.ia.us> Cc: Steve Domino <steve@bellahomesiowa.com>; chris@bellahomesiowa.com; creditadmin <creditadmin@southstorybank.com>; Eric Hockenberry<EHockenberry(@southstorybank.com> Subject: RE: The Irons SSBT has approved the letter of credit in support and approval of our client Bella Homes. It is my understanding Mr. Gardner will be in this week to execute the Letter of Credit, SSBT will then forward the respective documents to the City of Ames your attention. Call should you have questions. Have a great week. President/ CEO 905 N\V HWY 69 PO Box 8 I Iuxlev IA 50124-0008 kbrooksRwsouthstorybank.com file:///C:/Users/diane.voss/AppData/Local/Temp/notesC7A056/—web844').htm 10/27/2017 RESOLUTION NO. 17-658 RESOLUTION ACCEPTING PARTIAL COMPLETION OF PUBLIC IMPROVEMENTS REQUIRED FOR THE IRONS SUBDIVISION FOR THE CITY OF AMES, IOWA BE IT RESOLVED, by the City Council of the City of Ames, Iowa: Section One. In accordance with the Certificate of the Public Works Department,the 7-inch PCC pavement required as a condition for approval of the Final Plat of the above-named Subdivision has been completed in an acceptable manner. Section Two. The bond given to secure performance of the public improvements is hereby lessened to $203,026.64 for the remaining work that includes installation of pedestrian ramps and sidewalks,shared-use path,replacement of 7-inch PCC pavement(cracked slab at crosswalk and 90 feet of substandard curb), utility punch list corrections, and erosion control. ADOPTED THIS 14`h day of November, 2017. '--4 C���"'K�X4& Awo Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Betcher Seconded by: Corrieri Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 141h day of November, 2017. Ames... Smart Choice Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160 ♦ Fax 515-239-5404 October 23, 2018 28 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: The Irons Subdivision LOC Reduction #2 Ladies and Gentlemen: I hereby certify that the COSESCO (erosion control) and utility punch list items required as a condition for approval of the final plat of The Irons Subdivision, have been completed in an acceptable manner by Pezzetti Erosion Control of Bondurant, Iowa and J & K Contracting of Ames, Iowa. The erosion control areas have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. The utility punch list items were inspected by Xenia Rural Water of the City of Bouton, Iowa and found to meet their specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced to $182,876.64. The remaining work covered by this financial security includes the installation of pedestrian ramps, sidewalk, shared use path, and replacement of 7" PCC Pavement (cracked panels at a crosswalk and approximately 90 feet of substandard curb). Sincerely, John C.Joiner, P.E. Director JJ/nw cc: Finance, Contractor, Planning& Housing, Subdivision file Public Works Department 515,239.5160 main 515 Clark Ave.P.O.Box 811 515.239.5404 fax Ames,IA 50010 Engineering wmY CitjofAmes.arg A The Irons Subdivision October 23, 2018 Page 2 Description Unit Quantity 4" PCC City Sidewalks SY 192 7" PCC Pavement SY 112 5" PCC Shared Trail - 10' wide SY 2,818 6" PCC Sidewalk SY 15 Interior Sidewalks SY 676.5 RESOLUTION NO. 18-598 RESOLUTION ACCEPTING PARTIAL COMPLETION OF PUBLIC IMPROVEMENTS REQUIRED FOR THE IRONS SUBDIVISION FOR THE CITY OF AMES,IOWA BE IT RESOLVED,by the City Council of the City of Ames,Iowa: Section One. In accordance with the Certificate of the Public Works Department, the COSESCO(erosion control)and utility punch list required as a condition for approval of the Final Plat of the above-named Subdivision has been completed in an acceptable manner. Section Two. The bond given to secure performance of the public improvements is hereby lessened to $182,876.64 for the remaining work that includes the installation of pedestrian ramps, sidewalk,shared use path,and replacement of 7"PCC Pavement(cracked panels at a crosswalk and approximately 90 feet of substandard curb). ADOPTED THIS 23`d day of October, 2018. / . , / A `� Diane R. Voss, City Clerk John . Haila, Mayor Introduced by: Betcher Seconded by: Corrieri Voting aye: Beatty-Hansen,Betcher, Corrieri,Gartin, Martin,Nelson Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 23`d day of October, 2018. The Irons LOC No. 1106466 I Diane R Voss to: steve, chris 10/26/2018 07:10 PM Bcc: Diane R Voss Gentlemen: At its meeting held October 23, 2018, the Ames City Council accepted partial completion of public improvements for The Irons Subdivision and lessened the amount of security required to $182,876.64 for the remaining work that includes the installation of pedestrian ramps, sidewalk, shared use path, and replacement of 7" PCC Pavement. Please see the attached Resolution. Please provide the City with a Letter of Credit reflecting the new amount as soon as possible. Thank you! 598.pdf Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 <1� I SOUTH 2 O Owl BANK &TRUST IRREVOCABLE LETTER OF CREDIT Borrower: THE IRONS, L.L.C. Lender: South Story Bank &Trust 506 E 1ST STREET Huxley Office HUXLEY, IA 50124 PO Box 8 905 North US Highway 69 Huxley, IA 50124-0008 Beneficiary: CITY OF AMES 515 CLARK AMES, IA 50010 STORY COUNTY 900 6TH ST NEVADA, IA 50201 NO.: 1106466 EXPIRATION DATE. This letter of credit shall expire upon the earlier of the close of business on 10-26-2018 and all drafts and accompanying statements or documents must be presented to Lender on or before that time, or the day that Lender honors a draw under which the full amount of this Letter of Credit has been drawn (the "Expiration Date"). AMOUNT OF CREDIT. Lender hereby establishes at the request and for the account of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of Two Hundred Three Thousand Twenty-six & 64/100 Dollars ($203,026.64) (the "Letter of Credit"). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above (or other such address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS. Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: THE EARLIER OF 60 DAYS AFTER COMPLETION OF PROJECTS, OR EXPIRATION DATE OF LETTER OF CREDIT Upon Lender's honor of such drafts, Lender shall be fully discharged of Lender's obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. USE RESTRICTIONS. All drafts must be marked "DRAWN UNDER South Story Bank &Trust IRREVOCABLE LETTER OF CREDIT NO. 1106466 DATED 10-26-2017," and the amount of each draft shall be marked on the draft. Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws are permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial draw(s). PERMITTED TRANSFEREES. The right to draw under this Letter of Credit shall be nontransferable, except for: A. A transfer (in its entirety, but not in part) by direct operation of law to the administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other representative at law of the original Beneficiary; and B. The first immediate transfer (in its entirety, but not in part) by such legal representative to a third party after express approval of a governmental body (judicial, administrative, or executive). TRANSFEREES REQUIRED DOCUMENTS. When the presenter is a permitted transferee (i) by operation of law or (ii) a third party receiving transfer from a legal representative, as described above, the documents required for a draw shall include a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. COMPLIANCE BURDEN. Lender is not responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary, and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. NON-SEVERABILITY. If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non-severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Iowa without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Iowa. EXPIRATION. Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to Lender on or before the Expiration Date unless otherwise provided for above. REPLACEMENT LETTER OF CREDIT. This letter of Credit is issued in replacement of previous issued letters of credit on behalf of The Irons for the benefit of The City of Ames and Story County Assessor. IRREVOCABLE LETTER OF CREDIT Loan No: 1106466 (Continued) Page 2 Dated: October 26, 2017 LENDER: SOUTH STORY BANK &TRUST 9401�� By: Mitt Eric Hockenberry,Vice Presid t-Busi ss Banker ENDORSEMENT OF DRAFTS DRAWN: Amount Amount Date Negotiated By In Words In Figures L—N.,V.,17.2.10.037 C.,D+H USA CaW.0 n 1997,2017. All Right.R...r-d. -IA CADHICFALP0C43L0C.FC TR-2204 PR-16 RE: The Irons LOC No. 1106466 ,a. Steve Domino to: Diane R Voss 10/29/2018 09:15 AM Cc: "Chris Gardner" History: This message has been replied to. Thanks Diane. This is in process and should be to you this week. Steve Domino I Bella Homes I c: 515-450-7574 From: Diane R Voss<DVoss@city.ames.ia.us> Sent: Friday, October 26, 2018 7:11 PM To:steve@bellahomesiowa.com; chris@bellahomesiowa.com Subject:The Irons LOC No. 1106466 Gentlemen: At its meeting held October 23, 2018, the Ames City Council accepted partial completion of public improvements for The Irons Subdivision and lessened the amount of security required to $182,876.64 for the remaining work that includes the installation of pedestrian ramps, sidewalk, shared use path, and replacement of 7" PCC Pavement. Please see the attached Resolution. Please provide the City with a Letter of Credit reflecting the new amount as soon as possible. Thank you! Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 .,, RE: The Irons LOC No. 1106466 Steve Domino to: Diane R Voss 11/02/2018 02:47 PM Hi Diane- Our banker just confirmed the paperwork for this one will be available on Monday. Apologies for the delay. Let me know if this causes any issues. Thanks, Steve Domino I Bella Homes I c: 515-450-7574 From: Diane R Voss<DVoss cit .ames.ia.us> @ v Sent: Monday, October 29, 2018 12:16 PM To: Steve Domino <steve@bellahomesiowa.com> Subject: RE: The Irons LOC No. 1106466 Thank you! I'll watch for it. Diane Voss, City Clerk/Records Manager P. 0. Box 811 Ames, Iowa 50010 (515) 239-5105 From: "Steve Domino"<steve(cDbellahomesiowa.com> To: "Diane R Voss"<DVoss(cilcity.ames.ia.us> Cc: "Chris Gardner"<chris .bellahomesiowa.com> Date: 10/29/2018 09:15 AM Subject: RE:The Irons LOC No. 1106466 Thanks Diane. This is in process and should be to you this week. Steve Domino I Bella Homes I c:515-450-7574 From: Diane R Voss<DVoss@city.ames.ia.us> Sent: Friday,October 26, 2018 7:11 PM To:steve@bellahomesiowa.com;chris@bellahomesiowa.com Subject:The Irons LOC No. 1106466 Gentlemen: At its meeting held October 23, 2018, the Ames City Council accepted partial completion of public Page 1 of I The Irons LOC reduction#3 Nathan Willey to: Diane R Voss 10/08/2019 04:19 PM Cc: Tracy Warner, John C Joiner Hide Details From: Nathan Willey/COA To: Diane R Voss/COA@COA Cc: Tracy Warner/COA@COA, John C Joiner/COA@COA 2 Attachments The Irons-Partial Release 3.docx The Irons-Par tial Release 3.pdf Hi Diane, Attached is a certification letter (Word and PDF) for a partial reduction of the LOC for The Irons. Please add it to the Oct. 22nd Council agenda and let me know if you have any questions. Thank you, Nathan Willey, P.E. Civil Engineer 11 nwilley@city.ames.im us Office: 515.239.5436 I Fax: 515.239.5404 City Hall, 515 Clark Avenue I ,Ames, IA 50010 m e s www.CityofAmes.org I —Caring People'"Quality Programs^ Exceptional Service file:///C:/Users/diane.voss/AppData/Local/Temp/notesFFF692/—web5 5 90.htm 10/10/2019 AkCITY OF Ames . Smart Choice Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160 ♦ Fax 515-239-5404 Item No. 22 October 22, 2019 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: The Irons Subdivision Financial Security Reduction#3 Mayor and Council Members: I hereby certify that portions of the shared use path and sidewalk (public and interior) required as a condition for approval of the final plat of The Irons Subdivision, have been completed in an acceptable manner by Extreme Concrete of Huxley, Iowa. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced to $119,492.64. The remaining work covered by this financial security includes pedestrian ramps, remaining public and interior sidewalk, remaining shared use path, and replacement of 7" PCC pavement (cracked panels at a crosswalk and approximately 90 feet of substandard curb). Sincerely, �s John C.Joiner, P.E. Director JJ/nw cc: Finance, Contractor, Planning& Housing,Subdivision file Public Works Department 515,239.5160 „rain 515 Clark Ave P.O.Box 811 y' Engineering 515.239.5404 (ar Ames,IA 50010 The Irons Subdivision October 22, 2019 Page 2 Description Unit Quantity 4" PCC City Sidewalks SY 192 7" PCC Pavement SY 112 5" PCC Shared Trail - 10'wide SY 11518 6" PCC Sidewalk SY 15 Interior Sidewalks SY 656 RESOLUTION NO. 19-564 RESOLUTION ACCEPTING PARTIAL COMPLETION OF PUBLIC IMPROVEMENTS REQUIRED FOR THE IRONS SUBDIVISION FOR THE CITY OF AMES,IOWA BE IT RESOLVED, by the City Council of the City of Ames, Iowa: Section One. In accordance with the Certificate of the Public Works Department, portions of the shared use path and sidewalk(public and interior)required as a condition for approval of the Final Plat of the above-named Subdivision have been completed in an acceptable manner. Section Two. The bond given to secure performance of the public improvements is hereby lessened to $119,492.64 for the remaining work that includes pedestrian ramps, remaining public and interior sidewalk, remaining shared use path, and replacement of 7" PCC pavement (cracked panels at a crosswalk and approximately 90 feet of substandard curb). ADOPTED THIS 22nd day of October, 2019. C7:�_-s all f2 Diane . Voss, City Clerk John A. Haila, Mayor Introduced by: Betcher Seconded by: Beatty-Hansen Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Martin,Nelson Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 22°d day of October, 2019. <1� HOLUTa 2ToQY BANK &TRUST IRREVOCABLE LETTER OF CREDIT Borrower: THE IRONS LLC Lender: South Story Bank&Trust 506 E 1st St Ste A Huxley Office Huxley, IA 50124-9725 PO Box 8 905 North US Highway 69 Huxley, IA 50124-0008 Beneficiary: CITY OF AMES 515 CLARK AMES, IA 50010 STORY COUNTY 900 6TH ST NEVADA, IA 50201 NO.: 1108103 EXPIRATION DATE. This letter of credit shall expire upon the earlier of the close of business on 10-26-2019 and all drafts and accompanying statements or documents must be presented to Lender on or before that time, or the day that Lender honors a draw under which the full amount of this Letter of Credit has been drawn (the "Expiration Date"). AMOUNT OF CREDIT. Lender hereby establishes at the request and for the account of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of One Hundred Eighty-two Thousand Eight Hundred Seventy-six & 64/100 Dollars ($182,876.64) (the "Letter of Credit"). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above (or other such address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS. Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: Upon Lender's honor of such drafts, Lender shall be fully discharged of Lender's obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. USE RESTRICTIONS. All drafts must be marked "DRAWN UNDER South Story Bank &Trust IRREVOCABLE LETTER OF CREDIT NO. 1108103 DATED 11-05-2018," and the amount of each draft shall be marked on the draft. Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws are permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial draw(s). PERMITTED TRANSFEREES. The right to draw under this Letter of Credit shall be nontransferable, except for: A. A transfer (in its entirety, but not in part) by direct operation of law to the administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other representative at law of the original Beneficiary; and B. The first immediate transfer (in its entirety, but not in part) by such legal representative to a third party after express approval of a governmental body (judicial, administrative, or executive). TRANSFEREES REQUIRED DOCUMENTS. When the presenter is a permitted transferee (i) by operation of law or (ii) a third party receiving transfer from a legal representative, as described above, the documents required for a draw shall include a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. COMPLIANCE BURDEN. Lender is not responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary, and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. NON-SEVERABILITY. If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non-severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Iowa without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Iowa. EXPIRATION. Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to Lender on or before the Expiration Date unless otherwise provided for above. REPLACEMENT LETTER OF CREDIT. This letter of Credit hereby replaces all previous issued Letter of Credit by South Story Bank & Trust on behalf of The Irons LLC to The City of Ames or Story County. Dated: November 5, 2018 LENDER: SOUTH STORY BANK &TRUST :BY Eric Hockenberry, Vice Pre iident Business Banker IRREVOCABLE LETTER OF CREDIT Loan No: 1108103 (Continued) Page 2 ENDORSEMENT OF DRAFTS DRAWN: Amount Amount Date Negotiated By In Words In Figures L....Pro,V.,18.3.11.003 C.,Fine-USA Cwp—,.1997,2018. All Rights Reserved. IA C:\OH\CFI\LPL\C43L0C.FC TR 3887 PR 16 RE: The Irons LOC No. 1106466 Diane R Voss to: Steve Domino 10/28/2019 05:52 PM Bcc: Diane R Voss Steve: At its meeting of October 22, 2019, the Ames City Council adopted Resolution No. 19-564 accepting partial completion of public improvements and lessening the amount of security required to $119,492.64. The remaining work includes pedestrian ramps, remaining public and interior sidewalk, remaining shared use path, and replacement of 7" PCC pavement(cracked panels at a crosswalk and approximately 90 feet of substandard curb). Please provide me with an updated Letter of Credit in said amount at your earliest convenience. Thank you! 564.pdf Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 "Steve Domino" Hi Diane-Our banker just confirmed the paperw... 1 1/02/201 8 02:47:34 PM From: "Steve Domino"<steve@bellahomesiowa.com> To: "Diane R Voss"<DVoss@city.ames.ia.us> Date: 11/02/2018 02:47 PM Subject: RE:The Irons LOC No. 1106466 --- .---- Hi Diane- Our banker just confirmed the paperwork for this one will be available on Monday. Apologies for the delay. Let me know if this causes any issues. Thanks, Steve Domino I Bella Homes I c: 515-450-7574 From: Diane R Voss<DVoss@city.ames.ia.us> Sent: Monday, October 29, 2018 12:16 PM To: Steve Domino <steve bellahomesiowa.com> Subject: RE: The Irons LOC No. 1106466 Thank you! I'll watch for it. Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 From: "Steve Domino"<steve(a)bellahomesiowa.com> To: "Diane R Voss"<DVoss(a)city.ames.ia.us> Cc: "Chris Gardner"<chris(a)beIIahomesiowa.com> Date: 10/29/2018 09:15 AM Subject: RE:The Irons LOC No. 1106466 Thanks Diane. This is in process and should be to you this week. Steve Domino I Bella Homes I c:515-450-7574 From: Diane R Voss<DVoss@citv.ames.ia.us> Sent: Friday,October 26, 2018 7:11 PM To:steve@bellahomesiowa.com;chris@bellahomesiowa.com Subject:The Irons LOC No. 1106466 Gentlemen: At its meeting held October 23, 2018, the Ames City Council accepted partial completion of public improvements for The Irons Subdivision and lessened the amount of security required to $182,876.64 for the remaining work that includes the installation of pedestrian ramps, sidewalk, shared use path, and replacement of 7" PCC Pavement. Please see the attached Resolution. Please provide the City with a Letter of Credit reflecting the new amount as soon as possible. Thank you! Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 R Diane Voss From: Tracy Peterson Sent: Thursday, October 1, 2020 1:51 PM To: McKinlee Ritter; Diane Voss Cc: John Joiner Subject: FW: The Irons Attachments: IMG_0833.jpg; IMG_0836.jpg; IMG_0837.jpg; IMG_0840.jpg There should be no further release on The Irons as they are not responding to the improvements continuing to be need Our office will follow up with the contractor. Please make sure to renew the entire LOC amount. (*"Please note my name change and updated email address below") 0 Tracy Peterson, PE �0tCC Municipal Engineer �� ��w� Public Works Department �W)o S l �4�-i G City Hall, 515 Clark Ave. Ames, IA 50010 Ames -wy 515.239.5163 main tracy.peterson@cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Scott Miller<Scott.Miller@cityofames.org> Sent: Thursday, October 1, 2020 1:12 PM To:Tracy Peterson <tracy.peterson@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.I bra him @cityofames.org>; Jesus Campa <Jesus.Campa@cityofames.org>;Jacob Moore <Jacob.Moore@cityofames.org> Subject: RE: The Irons Tracy, This actually was my project to inspect. I have recently checked on this, and as far as I know, no work has been done on this project at all this past year. The work on the pavement repairs by the contractor has not yet been completed. This 1 work involves replacing the concrete at the intersection of Cameron School Road and Irons Court. The plans show this intersection as Stange Road and Irons Court. The crack developed shortly after paving took place and was pointed out to them at the time, that repairs needed to be done. The crack is much more severe now. I have included a couple of photos. Also, there is an ADA ramp that will need to be redone. Additionally, another ADA ramp at the crossing into the Ames Country Club area is incorrect. And no concrete was poured on the shared use path that was to extend north to W 190tn St. Due to these reasons, I would see no reason to reduce the letter of credit amount, and certainly believe that it should be renewed. Scott Miller Sr. Engineering Technician 515.203.0793 mobile Scott.Miller@cityofames.org City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org Caring People-Quality Programs-Exceptional Service Ames From:Tracy Peterson <tracy.peterson@cityofames.org> Sent:Tuesday, September 29, 2020 5:05 PM To:Jesus Campa <Jesus.Campa@citvofames.org>;Jacob Moore <Jacob.Moore@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim @citvofames.org>; Scott Miller<Scott.Miller@cityofames.org> Subject: RE:The Irons (Just to clarify) Jesus, We have a letter of credit on file for the first addition of The Irons and we are wondering if this work has been completed or whether they need to renew the letter of credit in the amount of$119,492.64.The remaining work covered by this financial security includes pedestrian ramps, remaining public and interior sidewalk, remaining shared use path, and replacement of 7" PCC pavement (cracked panels at a crosswalk and approximately 90 feet of substandard curb). Please let me know if any of this work has been fixed/completed and therefore the security released/reduced. Thanks! 2 <1� I SoLOTa BANK &TRUST IRREVOCABLE LETTER OF CREDIT Borrower: THE IRONS LLC Lender: South Story Bank &Trust 506 E 1 st St Ste A Huxley Office Huxley, IA 50124-9725 PO Box 8 905 North US Highway 69 Huxley, IA 50124-0008 Beneficiary: CITY OF AMES 515 CLARK AMES, IA 50010 STORY COUNTY 900 6TH ST NEVADA, IA 50201 NO.: 1108103 EXPIRATION DATE. This letter of credit shall expire upon the earlier of the close of business on 10-26-2020 and all drafts and accompanying statements or documents must be presented to Lender on or before that time, or the day that Lender honors a draw under which the full amount of this Letter of Credit has been drawn (the "Expiration Date"). AMOUNT OF CREDIT. Lender hereby establishes at the request and for the account of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of One Hundred Nineteen Thousand Four Hundred Ninety-two & 64/100 Dollars ($119,492.64) (the "Letter of Credit"). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above (or other such address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS. Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: Upon Lender's honor of such drafts, Lender shall be fully discharged of Lender's obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. USE RESTRICTIONS. All drafts must be marked "DRAWN UNDER South Story Bank & Trust IRREVOCABLE LETTER OF CREDIT NO. 1108103 DATED 11-12-2019," and the amount of each draft shall be marked on the draft. Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws are permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial draw(s). PERMITTED TRANSFEREES. The right to draw under this Letter of Credit shall be nontransferable, except for: A. A transfer (in its entirety, but not in part) by direct operation of law to the administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other representative at law of the original Beneficiary; and B. The first immediate transfer (in its entirety, but not in part) by such legal representative to a third party after express approval of a governmental body (judicial, administrative, or executive). TRANSFEREES REQUIRED DOCUMENTS. When the presenter is a permitted transferee (i) by operation of law or (ii) a third party receiving transfer from a legal representative, as described above, the documents required for a draw shall include a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. COMPLIANCE BURDEN. Lender is not responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary, and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. NON-SEVERABILITY. If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non-severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Iowa without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Iowa. EXPIRATION. Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to Lender on or before the Expiration Date unless otherwise provided for above. REPLACEMENT LETTER OF CREDIT. This letter of Credit hereby replaces all previous issued Letter of Credit by South Story Bank & Trust on behalf of The Irons LLC to The City of Ames or Story County. IRREVOCABLE LETTER OF CREDIT Loan No: 1108103 (Continued) Page 2 Dated: November 12, 2019 LENDER: SOUTH STORY BANK &TRUST By: Z"�- l Eric Hockenberry, Vice Pr sident - Senior Credit Officer ENDORSEMENT OF DRAFTS DRAWN: Amount Amount Date Negotiated By In Words In Figures L...rPrn,Va 19.2.0.042 COP,.F-.1ra USA Corporation 1997,2019. All Rights R.,,,,,d. -IA C:\DMCFRLPL\C43LOC.FC TR-3887 PR-16 Diane Voss From: Diane Voss Sent: Monday, November 2, 2020 12:42 PM To: Tracy Peterson Subject: RE: The Irons Tracy: Developer Steve Domino called me today, stating that he is working on renewing the LOC in the same amount $119,492.64. He would like to know the specifics as to how it was determined not to reduce the LOC and what needs to be fixed. Are you OK with me forwarding this email stream to Mr. Domino? Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From:Tracy Peterson <tracy.peterson@cityofames.org> Sent:Thursday, October 1, 2020 1:51 PM To: McKinlee Ritter<mckinlee.ritter@cityofames.org>; Diane Voss<diane.voss@cityofames.org> Cc: John Joiner<john.joiner@cityofames.org> Subject: FW: The Irons There should be no further release on The Irons as they are not responding to the improvements continuing to be needed. Our office will follow up with the contractor. Please make sure to renew the entire LOC amount. (**Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Pmes 515.239.5163 main tract'.Peterson(o-)cityofa mes.org Mailing: 515 Clark Ave. I Ames, IA 50010 i www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Scott Miller<Scott.Mi Ile r@cityofames.org> Sent: Thursday, October 1, 2020 1:12 PM To:Tracy Peterson <tracy.peterson@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org>; Jesus Campa <Jesus Campa@cityofames.org>;Jacob Moore <Jacob.Moore@cityofames.org> Subject: RE:The Irons Tracy, This actually was my project to inspect. I have recently checked on this, and as far as I know, no work has been done on this project at all this past year.The work on the pavement repairs by the contractor has not yet been completed. This work involves replacing the concrete at the intersection of Cameron School Road and Irons Court. The plans show this intersection as Stange Road and Irons Court. The crack developed shortly after paving took place and was pointed out to them at the time, that repairs needed to be done.The crack is much more severe now. I have included a couple of photos. Also, there is an ADA ramp that will need to be redone. Additionally, another ADA ramp at the crossing into the Ames Country Club area is incorrect. And no concrete was poured on the shared use path that was to extend north to W 190tn St. Due to these reasons, I would see no reason to reduce the letter of credit amount, and certainly believe that it should be renewed. Scott Miller Sr. Engineering Technician 515.203.0793 mobile Scott.MiIler@cityofames.org City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org I -Caring People-Quality Programs-Exceptional Service" Ames From:Tracy Peterson <tracy.peterson@cityofames.org> Sent: Tuesday, September 29, 2020 5:05 PM To:Jesus Campa <Jesus.Campa@cityofames.org>;Jacob Moore <Jacob.Moore @cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org>; Scott Miller<Scott Mi Ile r@cityofames.org> Subject: RE: The Irons (Just to clarify) 2 Jesus, We have a letter of credit on file for the first addition of The Irons and we are wondering if this work has been completed Or whether they need to renew the letter of credit in the amount of$119,492.64.The remaining work covered by this financial security includes pedestrian ramps, remaining public and interior sidewalk, remaining shared use path, and replacement of 7" PCC pavement (cracked panels at a crosswalk and approximately 90 feet of substandard curb). Please let me know if any of this work has been fixed/completed and therefore the security released/reduced. Thanks! ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main trace.peterson(a)cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.orq Help make the City of Ames even better.! Download the Ames on the Go app today! From:Tracy Peterson Sent:Tuesday, September 29, 2020 4:35 PM To:Jesus Campa <lesus.Campa@cityofames.org>; Jacob Moore<Jacob.Moore @cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org>; Scott Miller<Scott.Miller@cityofames.org> Subject: RE: The Irons Jesus, Sorry, I mislabeled as I copied and pasted from an email to Scott about Birch Meadows. The information below is actually for The Irons. 3 Let me know an update. Thanks! ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Pmes 515.239.5163 main tract'.Peterson(cDcityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better.! Download the Ames on the Go app today! From:Jesus Campa <Jesus.Campa@cityofames.org> Sent: Tuesday, September 29, 2020 4:34 PM To:Tracy Peterson <tracy.peterson@cityofames.org>;Jacob Moore <Jacob.Moore@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org>; Scott Miller<Scott.Mi Ile r@cityofames.org> Subject: RE: The Irons Tracy, Scott Miller was the inspector for Birch Meadows. He's gone today, but I will talk to him tomorrow. Thanks, From:Tracy Peterson <tracy.peterson@cityofames.org> Sent: Tuesday, September 29, 2020 4:19 PM To:Jesus Campa <Jesus.Campa@citvofames.org>; Jacob Moore<Jacob.Moore @cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.lbrahim@cityofames.org> Subject:The Irons Jesus, We have a letter of credit on file for the first addition of Birch Meadows and we are wondering if this work has been completed 4 Or whether they need to renew the letter of credit in the amount of$119,492.64.The remaining work covered by this financial security includes pedestrian ramps, remaining public and interior sidewalk, remaining shared use path, and replacement of 7" PCC pavement (cracked panels at a crosswalk and approximately 90 feet of substandard curb). Please let me know if any of this work has been fixed/completed and therefore the security released/reduced. Thanks! ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main trace.Peterson CcDcityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www,CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! 5 Diane Voss From: Tracy Peterson Sent: Monday, November 2, 2020 1:04 PM To: Diane Voss Subject: RE: The Irons Diane, Yes I am okay with you sending them Scott Miller's email indicating that no work has been completed. We would like to see this work completed per plan and damaged infrastructure fixed so that we can release the financial security, however we are getting into cold weather so unless they get in there soon the LOC would not be reconsidered for release until spring 2021 if the work is completed then. ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tracy.peterson@cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Diane Voss<diane.voss@cityofames.org> Sent: Monday, November 2, 2020 12:42 PM To: Tracy Peterson <tracy.peterson@cityofames.org> Subject: RE: The Irons Tracy: Developer Steve Domino called me today, stating that he is working on renewing the LOC in the same amount $119,492.64. He would like to know the specifics as to how it was determined not to reduce the LOC and what needs to be fixed. Are you OK with me forwarding this email stream to Mr. Domino? 1 Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From:Tracy Peterson <tracy.peterson@cityofames.org> Sent: Thursday, October 1, 2020 1:51 PM To: McKinlee Ritter<mcl<inlee.ritter@cityofames.org>; Diane Voss <diane.voss@cityofames.org> Cc: John Joiner<john.joiner@cityofames.org> Subject: FW: The Irons There should be no further release on The Irons as they are not responding to the improvements continuing to be needed. Our office will follow up with the contractor. Please make sure to renew the entire LOC amount. ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tracy.peterson(o cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Scott Miller<Scott.Miller@cityofames.org> Sent:Thursday, October 1, 2020 1:12 PM To:Tracy Peterson <tracy.peterson@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.I bra him @cityofames.org>;Jesus Campa <Jesus Campa@cityofames.org>;Jacob Moore <Jacob.Moore @cityofames.org> Subject: RE: The Irons Tracy, 2 This actually was my project to inspect. I have recently checked on this, and as far as I know, no work has been done on this project at all this past year.The work on the pavement repairs by the contractor has not yet been completed. This work involves replacing the concrete at the intersection of Cameron School Road and Irons Court. The plans show this intersection as Stange Road and Irons Court.The crack developed shortly after paving took place and was pointed out to them at the time, that repairs needed to be done.The crack is much more severe now. I have included a couple of photos. Also, there is an ADA ramp that will need to be redone. Additionally, another ADA ramp at the crossing into the Ames Country Club area is incorrect. And no concrete was poured on the shared use path that was to extend north to W 1901n St. Due to these reasons, I would see no reason to reduce the letter of credit amount, and certainly believe that it should be renewed. Scott Miller Sr. Engineering Technician 515.203.0793 mobile Scott.Miller@cityofames.org City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org I -Caring People-Quality Programs-Exceptional Service ilk. Vk Ames From:Tracy Peterson <tracV.peterson@citVofames.org> Sent: Tuesday, September 29, 2020 5:05 PM To:Jesus Campa <Jesus.Campa@citvofames.org>; Jacob Moore <Jacob.Moore@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@citvofames.org>; Scott Miller<Scott.Miller@cityofames.org> Subject: RE: The Irons (Just to clarify) Jesus, We have a letter of credit on file for the first addition of The Irons and we are wondering if this work has been completed or whether they need to renew the letter of credit in the amount of$119,492.64.The remaining work covered by this financial security includes pedestrian ramps, remaining public and interior sidewalk, remaining shared use path, and replacement of 7" PCC pavement (cracked panels at a crosswalk and approximately 90 feet of substandard curb). Please let me know if any of this work has been fixed/completed and therefore the security released/reduced. Thanks! 3 ("*Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Pmes 515.239.5163 main tracy.Peterson(o-)cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From:Tracy Peterson Sent:Tuesday, September 29, 2020 4:35 PM To:Jesus Campa <Jesus.Campa@cityofames.org>; Jacob Moore <Jacob.Moore @cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.lbrahim@cityofames.org>; Scott Miller<Scott.Mi Ile r@cityofames.org> Subject: RE:The Irons Jesus, Sorry, I mislabeled as I copied and pasted from an email to Scott about Birch Meadows. The information below is actually for The Irons. Let me know an update. Thanks! ("*Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 4 Ames 515.239.5163 main tracy.Peterson(o)cityofames.orq Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From:Jesus Campa <Jesus.Campa@cityofames.org> Sent: Tuesday, September 29, 2020 4:34 PM To: Tracy Peterson <tracy.peterson@cityofames.org>;Jacob Moore <Jacob.Moore@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim @cityofames.org>; Scott Miller<Scott.M i I lerP cityofames.org> Subject: RE: The Irons Tracy, Scott Miller was the inspector for Birch Meadows. He's gone today, but I will talk to him tornorrow. Thanks, From:Tracy Peterson <tracy.peterson@cityofames.org> Sent: Tuesday, September 29, 2020 4:19 PM To:Jesus Campa <Jesus.Campa@cityofames.org>;Jacob Moore <Jacob.Moore@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibra him @cityofames.org> Subject:The Irons Jesus, We have a letter of credit on file for the first addition of Birch Meadows and we are wondering if this work has been completed Or whether they need to renew the letter of credit in the amount of$119,492.64.The remaining work covered by this financial security includes pedestrian ramps, remaining public and interior sidewalk, remaining shared use path, and replacement of 7" PCC pavement (cracked panels at a crosswalk and approximately 90 feet of substandard curb). Please let me know if any of this work has been fixed/completed and therefore the security released/reduced. Thanks! 5 ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Pmes 515.239.5163 main tracy.Peterson ancityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CitvofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! 6 Diane Voss From: Diane Voss Sent: Monday, November 2, 2020 2:05 PM To: steve@bellahomesiowa.com Subject: The Irons Attachments: IMG_0833.jpg; IMG_0836jpg; IMG_0837.jpg; IMG_0840 jpg Steve: Per our telephone conversation of this morning, attached please find the email stream from Municipal Engineer Tracy Warner Peterson, advising me to renew the current amount of the Letter of Credit, which is$119,494.64. Thank you! Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Tracy Peterson <tracy.peterson@cityofames.org> Sent: Thursday, October 1, 2020 1:51 PM To: McKinlee Ritter<mckinlee.ritter@cityofames.org>; Diane Voss<diane.voss@cityofames.org> Cc:John Joiner<john.joiner@cityofames.org> Subject: FW: The Irons There should be no further release on The Irons as they are not responding to the improvements continuing to be needed. Our office will follow up with the contractor. Please make sure to renew the entire LOC amount. ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tracy.petersonCo�cityofames.org 1 Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Scott Miller<Scott.Miller@cityofames.org> Sent: Thursday, October 1, 2020 1:12 PM To:Tracy Peterson <tracy.peterson@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim @cityofames.org>; Jesus Campa <Jesus.Campa@cityofames.org>;Jacob Moore <Jacob.Moore @cityofames.org> Subject: RE:The Irons Tracy, This actually was my project to inspect. I have recently checked on this, and as far as I know, no work has been done on this project at all this past year. The work on the pavement repairs by the contractor has not yet been completed. This work involves replacing the concrete at the intersection of Cameron School Road and Irons Court. The plans show this intersection as Stange Road and Irons Court. The crack developed shortly after paving took place and was pointed out to them at the time, that repairs needed to be done. The crack is much more severe now. I have included a couple of photos. Also, there is an ADA ramp that will need to be redone. Additionally, another ADA ramp at the crossing into the Ames Country Club area is incorrect. And no concrete was poured on the shared use path that was to extend north to W 190tn St. Due to these reasons, I would see no reason to reduce the letter of credit amount, and certainly believe that it should be renewed. Scott Miller Sr. Engineering Technician 515.203.0793 mobile Scott.MiIler@citvofames.org City Hall, 515 Clark Avenue I Ames, IA 50010 www.CitVofAmes.org Caring People-Quality Programs-Exceptional Service" '_ Ames From:Tracy Peterson <tracy.peterson@citvofames.org> Sent: Tuesday, September 29, 2020 5:05 PM To:Jesus Campa <Jesus.Campa@cityofames.org>; Jacob Moore <Jacob.Moore @cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org>; Scott Miller<Scott.MiIler@cityofames.org> Subject: RE: The Irons 2 (Just to clarify) Jesus, We have a letter of credit on file for the first addition of The Irons and we are wondering if this work has been completed Or whether they need to renew the letter of credit in the amount of$119,492.64.The remaining work covered by this financial security includes pedestrian ramps, remaining public and interior sidewalk, remaining shared use path, and replacement of 7" PCC pavement (cracked panels at a crosswalk and approximately 90 feet of substandard curb). Please let me know if any of this work has been fixed/completed and therefore the security released/reduced. Thanks! ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515,239.5163 main tracy.peterson(a�cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better.! Download the Ames on the Go app today! From:Tracy Peterson Sent:Tuesday, September 29, 2020 4:35 PM To:Jesus Campa <Jesus.Campa@cityofames.org>;Jacob Moore <Jacob.Moore@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.I bra him @cityofames.org>; Scott Miller<Scott.Mi Ile r@cityofames.org> Subject: RE: The Irons Jesus, 3 Sorry, I mislabeled as I copied and pasted from an email to Scott about Birch Meadows. The information below is actually for The Irons. Let me know an update. Thanks! ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tracy.peterson(d�cityofames.orq Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From:Jesus Campa <Jesus.Campa@cityofames.org> Sent: Tuesday, September 29, 2020 4:34 PM To: Tracy Peterson <tracy.peterson@cityofames.org>;Jacob Moore <Jacob.Moore @cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim @cityofames.org>; Scott Miller<Scott.Miller@cityofames.org> Subject: RE: The Irons Tracy, Scott Miller was the inspector for Birch Meadows. He's gone today, but I will talk to him tomorrow. Thanks, From:Tracy Peterson <tracy.peterson@cityofames.org> Sent:Tuesday, September 29, 2020 4:19 PM To:Jesus Campa <Jesus.Campa@cityofames.org>;Jacob Moore <Jacob.Moore@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org> Subject:The Irons Jesus, 4 We have a letter of credit on file for the first addition of Birch Meadows and we are wondering if this work has been completed Or whether they need to renew the letter of credit in the amount of$119,492.64.The remaining work covered by this financial security includes pedestrian ramps, remaining public and interior sidewalk, remaining shared use path, and replacement of 7" PCC pavement (cracked panels at a crosswalk and approximately 90 feet of substandard curb). Please let me know if any of this work has been fixed/completed and therefore the security released/reduced. Thanks! ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tract'.peterson(o)cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! 5 Diane Voss From: Diane Voss Sent: Monday, November 2, 2020 2:08 PM To: steve@bellahomesiowa.com Subject: FW: The Irons Attachments: IMG_0833 jpg; IMG_0836 jpg; IMG_0837.jpg; IMG_0840.jpg My apologies—the amount of the LOC should be $119,492.64. Thankyou! Diane R. Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Diane Voss <diane.voss@cityofames.org> Sent: Monday, November 2, 2020 2:05 PM To: steve@bellahomesiowa.com Subject:The Irons Steve: Per our telephone conversation of this morning, attached please find the email stream from Municipal Engineer Tracy Warner Peterson, advising me to renew the current amount of the Letter of Credit, which is$119,494.64. Thankyou! Diane R. Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From:Tracy Peterson <tracy.peterson@cityofames.org> Sent: Thursday, October 1, 2020 1:51 PM To: McKinlee Ritter<mckin lee.ritter@cityofames.org>; Diane Voss<diane.voss@citvofames.org> Cc:John Joiner<john.ioiner@cityofames.org> Subject: FW:The Irons There should be no further release on The Irons as they are not responding to the improvements continuing to be needed. Our office will follow up with the contractor. Please make sure to renew the entire LOC amount. ("Please note my name change and updated email address below") 1 Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tracy.peterson6a cityofames.orq Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Scott Miller<Scott.Miller@cityofames.org> Sent: Thursday, October 1, 2020 1:12 PM To:Tracy Peterson <tracy.peterson@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim @cityofames.org>; Jesus Campa <Jesus.Campa@cityofames.org>;Jacob Moore <Jacob.Moore@cityofames.org> Subject: RE:The Irons Tracy, This actually was my project to inspect. I have recently checked on this, and as far as I know, no work has been done on this project at all this past year. The work on the pavement repairs by the contractor has not yet been completed.This work involves replacing the concrete at the intersection of Cameron School Road and Irons Court. The plans show this intersection as Stange Road and Irons Court. The crack developed shortly after paving took place and was pointed out to them at the time, that repairs needed to be done.The crack is much more severe now. I have included a couple of photos. Also, there is an ADA ramp that will need to be redone. Additionally, another ADA ramp at the crossing into the Ames Country Club area is incorrect. And no concrete was poured on the shared use path that was to extend north to W 190`h St. Due to these reasons, I would see no reason to reduce the letter of credit amount, and certainly believe that it should be renewed. Scott Miller Sr. Engineering Technician 515.203.0793 mobile Scott.Miller@cityofames.org City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org Caring People-Quality Programs-Exceptional Service 2 P m e From:Tracy Peterson<tracy.peterson@cityofames.org> Sent: Tuesday, September 29, 2020 5:05 PM To:Jesus Campa <Jesus.Campa@cityofames.org>; Jacob Moore <Jacob.Moore @cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org>; Scott Miller<Scott.Miller@cityofames.org> Subject: RE: The Irons (Just to clarify) Jesus, We have a letter of credit on file for the first addition of The Irons and we are wondering if this work has been completed Or whether they need to renew the letter of credit in the amount of$119,492.64.The remaining work covered by this financial security includes pedestrian ramps, remaining public and interior sidewalk, remaining shared use path, and replacement of 7" PCC pavement (cracked panels at a crosswalk and approximately 90 feet of substandard curb). Please let me know if any of this work has been fixed/completed and therefore the security released/reduced. Thanks! ("*Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. Ames, IA 50010 m e s 515.239.5163 main tracy_petersonCoDcityofames.org 3 Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From:Tracy Peterson Sent: Tuesday, September 29, 2020 4:35 PM To:Jesus Campa <Jesus.Campa@cityofames.org>;Jacob Moore <Jacob.Moore@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.I bra him@cityofames.org>; Scott Miller<Scott.Miller@cityofames.org> Subject: RE: The Irons Jesus, Sorry, I mislabeled as I copied and pasted from an email to Scott about Birch Meadows. The information below is actually for The Irons. Let me know an update. Thanks! ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tracy.petersonCo�-cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From:Jesus Campa <Jesus.Campa@cityofames.org> Sent: Tuesday, September 29, 2020 4:34 PM To:Tracy Peterson <tracv•peterson@cityofames.org>;Jacob Moore <Jacob.Moore @cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.I bra him @cityofames.org>; Scott Miller<Scott,Miller cityofames.org> Subject: RE: The Irons Tracy, 4 Scott Miller was the inspector for Birch Meadows. He's gone today, but I will talk to him tomorrow. Thanks, From:Tracy Peterson<tracy.peterson@cityofames.org> Sent: Tuesday, September 29, 2020 4:19 PM To:Jesus Campa <Jesus.Campa@cityofames.org>; Jacob Moore <Jacob.Moore@cityofames.org> Cc: Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org> Subject:The Irons Jesus, We have a letter of credit on file for the first addition of Birch Meadows and we are wondering if this work has been completed Or whether they need to renew the letter of credit in the amount of$119,492.64.The remaining work covered by this financial security includes pedestrian ramps, remaining public and interior sidewalk, remaining shared use path, and replacement of 7" PCC pavement (cracked panels at a crosswalk and approximately 90 feet of substandard curb). Please let me know if any of this work has been fixed/completed and therefore the security released/reduced. Thanks! ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tracypeterson(a-)cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! 5 Diane Voss From: Diane Voss Sent: Monday, November 2, 2020 2:08 PM To: steve@bellahomesiowa.com Subject: FW: The Irons Attachments: IMG_0833.jpg; IMG_0836.jpg; IMG_0837jpg; IMG_0840jpg My apologies—the amount of the LOC should be $119,492.64. Thank you! Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Diane Voss<diane.voss@cityofames.org> Sent: Monday, November 2, 2020 2:05 PM To: steve@bellahomesiowa.com Subject:The Irons Steve: Per our telephone conversation of this morning, attached please find the email stream from Municipal Engineer Tracy Warner Peterson, advising me to renew the current amount of the Letter of Credit, which is$119,494.64. Thank you! Diane R. Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From:Tracy Peterson <tracy.peterson@cityofames.org> Sent: Thursday, October 1, 2020 1:51 PM To: McKinlee Ritter<mckin lee.ritter@cityofames.org>; Diane Voss<diane.voss@cityofames.org> Cc:John Joiner<whn.joiner@cityofames.org> Subject: FW: The Irons There should be no further release on The Irons as they are not responding to the improvements continuing to be needed. Our office will follow up with the contractor. Please make sure to renew the entire LOC amount. ("Please note my name change and updated email address below") 1 Diane Voss From: Diane Voss Sent: Monday, November 2, 2020 2:51 PM To: Steve Domino Subject: The Irons - Public Improvements Still Pending Attachments: Pub Impro List.Sept 2020.pdf Per your request. Diane R. Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Steve Domino <steve@bellahomesiowa.com> Sent: Monday, November 2, 2020 2:20 PM To: Diane Voss<diane.voss@cityofames.org> Subject: RE: The Irons [External Email] Can you provide the detail behind the amount calculation? Steve Domino I Bella Homes I c: 515-450-7574 From: Diane Voss<diane.voss(@cityofames.orF,> Sent: Monday, November 2, 2020 2:08 PM To: Steve@bellahomesiowa.com Subject: FW: The Irons My apologies—the amount of the LOC should be $119,492.64. Thank you! Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Diane Voss<diane.voss@)cityofames.org> Sent: Monday, November 2, 2020 2:05 PM To: steve@bellahomesiowa.com Subject:The Irons 1 Voss, Diane From: Voss, Diane Sent: Wednesday, January 27, 2021 12:05 PM To: steve@bellahomesiowa.com Subject: LOC for The Irons Attachments: IMG_0833 jpg; IMG_0836.jpg; IMG_0837.jpg; IMG_0840 jpg Steve: Per our email chain from last November 2020, renewal of the LOC to secure the completion of public improvements is required. To date, I have not received an updated LOC. The amount remains the same ($119,492.64); the only thing that would change would be the expiration date. Please provide the updated LOC no later than February 1, 2021. ------------- Thank you. Diane R. Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Diane Voss<diane.voss@cityofames.org> Sent: Monday, November 2, 2020 2:05 PM To: steve@bellahomesiowa.com Subject:The Irons Steve: Per our telephone conversation of this morning, attached please find the email stream from Municipal Engineer Tracy Warner Peterson, advising me to renew the current amount of the Letter of Credit, which is$119,494.64. Thank you! Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From:Tracy Peterson<tracy.peterson@cityofames.org> Sent:Thursday, October 1, 2020 1:51 PM To: McKinlee Ritter<mckin lee.ritter@cityofames.org>; Diane Voss<diane.voss@cityofames.org> Cc:John Joiner<john.joiner@cityofames.org> Subject: FW: The Irons There should be no further release on The Irons as they are not responding to the improvements continuing to be needed. 1 Voss, Diane From: Mark DeYoung <mark@bellahomesiowa.com> Sent: Wednesday, January 27, 2021 12:58 PM Peterson Tracy;To: y, Voss, Diane Subject: Re: FW: The Irons [External Email] Diane, Please see the email below from December. There have been numerous items done here and the goal was to lower the LOC requirement. Please let me know what revised LOC amount is required. Thanks On Tue, Dec 29, 2020 at 2:57 PM Mark DeYoung<mark bellahomesiowa.com>wrote: Tracy, I wanted to get in touch with you regarding these items are the Irons. It looks like the cracked road section at Stange and Irons ct is now replaced as well as the handicap ramps in these locations. Could you send me an updated LOC request so I can get that over to you for your records. Thanks! On Tue, Nov 10, 2020 at 2:10 PM Tracy Peterson <tracy.peterson@citvofames.org>wrote: Yes that sounds like a plan. Thank you. Get Outlook for Android From: Mark DeYoung<mark@bellahomesiowa.com> Sent: Tuesday, November 10, 2020 2:00:09 PM To:Tracy Peterson<tracV.peterson@cityofames.org> Subject: Re: FW: The Irons [External Email] Tracy, Sounds like Tim (Extreme Concrete) was in touch with Scott yesterday. They plan to attack these items either at the end of this week or early next week as weather clears up. After these "Fix it" items are checked off your list, I would think it to be reasonable to reduce the LOC amount. I'll plan to email you after these are completed. Sound good? Thanks On Mon, Nov 9, 2020 at 3:29 PM Tracy Peterson <tracV.peterson@citvofames.org>wrote: Mark, 1 Thank you for the call last week about The Irons in the Ames area and the outstanding work. Below and attached is some information, per your request. As you can see, we have reached out to the contractor without any response to completing this work therefore the financial security has to be continued. If you hear anything back from the contractor, please let us know when to plan for additional inspection work for this project. ("*Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tract'.Peterson(c�cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org 2 Help make the City of Ames even better! Download the Ames on the Go app today! From: Scott Miller<Scott.Miller@cityofames.org> Sent: Monday, November 9, 2020 10:37 AM To:Tracy Peterson <trace.peterson(c@citvofames.org>; Abdelhafiz Ibrahim <Abdelhafiz.I bra him @cityofames.org> Subject: RE:The Irons Tracy, I re-visited the site on Thursday, and confirmed that none of the specific issues that were originally requested to be repaired by the contractor have been completed as of yet. I have attached some recent photos. These specific items are listed below. The contractor, Extreme Concrete, was contacted by telephone on October 1, and I spoke with Tim Brummel. I have also recently reached out to them by email, as well. Punch List needed for The Irons: • cracked concrete at the intersection of Stange Road and Irons Ct, needs replacement • ADA ramps incorrect at intersection of Stange Road and Irons Ct, need replaced • Shared use path not extended north to 190t" St from the entrance to the Ames Country Club I also noticed some hairline cracks developing along the CL joint of Irons Ct. Scott Miller Sr. Engineering Technician 515.203.0793 mobile Scott.Miller@citvofames.org City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org ^ Caring People-Quality Programs-Exceptional Service" 3 Ames From:Tracy Peterson <tracy.peterson@cityofames.org> Sent: Thursday, November 5, 2020 1:27 PM To: Scott Miller<Scott.Mi Ile r@cityofames.org>; Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org> Subject:The Irons Today I received a call, in response to us requesting that they extend/renew their Letter of Credit financial security, from Bella Homes about The Irons. Mark is asking for me to send him a copy of the punchlist and items outstanding that matches up to the financial security. He is willing to then apply pressure of the contractors to get the work done. Can one of you please send me the punchlist items and what has been communicated to the contractor(s)? Thanks! ("*Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 4 Pmes 515.239.5163 main tracy.Peterson(a)cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CitvofAmes.org Help make the City of Ames even better. Download the Ames on the Go app today! Mark DeYoung Bella Homes 515.291.4664 5 Voss, Diane From: Voss, Diane Sent: Wednesday, January 27, 2021 1:24 PM To: Peterson, Tracy Subject: RE: The Irons That's fine. I had emailed him stating that the LOC needed to be renewed in its current amount. He needed to see how the determination was made as to the amount being required. You had drawn that up and I forwarded it to him, stating again that the LOC needed to be renewed in its current amount. To date, I still hadn't received anything, and again, on this one had to involve the City Attorney. I will indicate that the status will be reviewed next week, and if warranted, a reduction will be taken to the City Council for its approval on February 9 (or February 23) whichever one you think is best. Thank you! Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Peterson,Tracy<tracy.peterson@cityofames.org> Sent: Wednesday,January 27, 2021 1:18 PM To:Voss, Diane <diane.voss@cityofames.org> Subject: RE: The Irons I was emailing with them since last fall and they hadn't done any work. I emailed you On October 1, 2020 saying no further reductions since the work had not been completed. The additional work that he is talking about Is very recent (just prior to snow fall). I can work on this next week, but not this week. ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 M J01% S 515.239.5163 main Voss, Diane From: Peterson, Tracy Sent: Tuesday, February 2, 2021 10:31 AM To: Mark DeYoung Cc: Voss, Diane Subject: RE: FW: The Irons Mark, The forms/template for as-builts can be found at the link below. https://www.cityofames.org/home/showdocument?id=11944 This is survey-grade information so you will need to make sure the information is collected by a qualified individual. ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 A M S 515.239.5163 main tracy.peterson@cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better.! Download the Ames on the Co app today! From: Mark DeYoung<mark@bellahomesiowa.com> Sent: Monday, February 1, 2021 5:55 PM To: Peterson,Tracy<tracy.peterson@cityofames.org> Cc: Voss, Diane <diane.voss@cityofames.org> Subject: Re: FW: The Irons [External Email] I'm not quite sure what your "as builts" are. Do you have any documents we need to fill out for that? 1 Voss, Diane From: Peterson, Tracy Sent: Monday, February 1, 2021 5:50 PM To: Mark DeYoung; Voss, Diane Subject: RE: FW: The Irons Mark, Last week I checked with our construction inspector for this project. He said that the pavement repairs have been completed, the shared use path will be completed in the spring and that we are still awaiting as-built plans showing the ADA ramps for compliance check. Do you have an update as to when you will get us the as-built elevations/plans for the ADA ramps? The financial security for the pavement repairs is$5,204.64. If the as-builts can be submitted then the LOC could be reduced even further (if they are in compliance). Thank you for the update. ("*Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tracy.peterson@cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better.! Download the Ames on the Go app today! From: Mark DeYoung <mark@bellahomesiowa.com> Sent: Wednesday,January 27, 2021 12:58 PM To: Peterson, Tracy<tracy.peterson@cityofames.org>;Voss, Diane<diane.voss@cityofames.org> Subject: Re: FW: The Irons 1 [External Email] Diane, Please see the email below from December. There have been numerous items done here and the goal was to lower the LOC requirement. Please let me know what revised LOC amount is required. Thanks On Tue, Dec 29, 2020 at 2:57 PM Mark DeYoung<mark@bellahomesiowa.com>wrote: Tracy, I wanted to get in touch with you regarding these items are the Irons. It looks like the cracked road section at Stange and Irons ct is now replaced as well as the handicap ramps in these locations. Could you send me an updated LOC request so I can get that over to you for your records. Thanks! On Tue, Nov 10, 2020 at 2:10 PM Tracy Peterson <tracy.peterson@cityofames.org>wrote: Yes that sounds like a plan. Thank you. Get Outlook for Android From: Mark DeYoung<mark@bellahomesiowa.com> Sent:Tuesday, November 10, 2020 2:00:09 PM To:Tracy Peterson <tracy.peterson@cityofames.or > Subject: Re: FW: The Irons [External Email] Tracy, Sounds like Tim (Extreme Concrete) was in touch with Scott yesterday. They plan to attack these items either at the end of this week or early next week as weather clears up. After these "Fix it" items are checked off your list, I would think it to be reasonable to reduce the LOC amount. I'll plan to email you after these are completed. Sound good? Thanks On Mon, Nov 9, 2020 at 3:29 PM Tracy Peterson <tracy.peterson@cityofames.org>wrote: Mark, Thank you for the call last week about The Irons in the Ames area and the outstanding work. Below and attached is some information, per your request. As you can see, we have reached out 2 to the contractor without any response to completing this work therefore the financial security has to be continued. If you hear anything back from the contractor, please let us know when to plan for additional inspection work for this project. ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer i p 9 Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Pmes 515.239.5163 main trace.Peterson(a)cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! 3 From:Scott Miller<Scott.Miller@cityofames.org> Sent: Monday, November 9, 2020 10:37 AM To:Tracy Peterson <tracv.peterson@cityofames.org>; Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim @cityofames.org> Subject: RE: The Irons Tracy, I re-visited the site on Thursday, and confirmed that none of the specific issues that were originallyre uested to be p q repaired by the contractor have been completed as of yet. I have attached some recent photos. These specific items are listed below. The contractor, Extreme Concrete, was contacted by telephone on October 1, and I spoke with Tim Brummel. I have also recently reached out to them by email, as well. Punch List needed for The Irons: • cracked concrete at the intersection of Stange Road and Irons Ct, needs replacement • ADA ramps incorrect at intersection of Stange Road and Irons Ct, need replaced • Shared use path not extended north to 1901"St from the entrance to the Ames Country Club I also noticed some hairline cracks developing along the CLjoint of Irons Ct. Scott Miller Sr. Engineering Technician 515.203.0793 mobile Scott.Miller@citvofames.org City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org Caring People-Quality Programs "Exceptional Service" AmeST14 4 From:Tracy Peterson <tracy.peterson@citvofames.org> Sent: Thursday, November 5, 2020 1:27 PM To: Scott Miller<Scott.Miller@cityofames.org>; Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org> Subject:The Irons Today I received a call, in response to us requesting that they extend/renew their Letter of Credit financial security, from Bella Homes about The Irons. Mark is asking for me to send him a copy of the punchlist and items outstanding that matches up to the financial security. He is willing to then apply pressure of the contractors to get the work done. Can one of you please send me the punchlist items and what has been communicated to the contractor(s)? Thanks! ("*Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 M S 515.239.5163 main tracy.Peterson(@-cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CitVofAmes.org Help make the City of Ames even better. Download the Ames on the Go app today! Mark DeYoung Bella Homes 515.291.4664 6 Voss, Diane From: Voss, Diane Sent: Tuesday, March 9, 2021 12:35 PM To: Mark DeYoung Cc: Peterson, Tracy; Lambert, Mark Subject: The Irons Mr. DeYoung: My records indicate that you have not filed the updated Letter of Credit in the amount of$119,492.64, which you were to file with the City no later than October 26, 2020. You corresponded with Municipal Engineer Tracy (Warner) Peterson several times indicating that all work was finished except for the shared use path, which you stated would be finished in the spring. To date, I have not received verification from the City's Public Works Department of the work that you allege has been completed. The last email that I was copied on from you to Ms. Peterson was dated February 2, 2021, in which you were sent a link to the forms for as-builts. However, to my knowledge as of this date, no as-builts have been approved and no updated LOC has been provided to the City to cover the incomplete public improvements. Therefore, please provide me with the requested Letter of Credit in the amount of$119,492.64 no later than March 15, 2021. Thank you. Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Mark DeYoung <mark@bellahomesiowa.com> Sent: Monday, February 1, 2021 5:55 PM To: Peterson, Tracy<tracy.peterson@cityofames.org> Cc: Voss, Diane<diane.voss@cityofames.org> Subject: Re: FW: The Irons [External Email] I'm not quite sure what your"as builts" are. Do you have any documents we need to fill out for that? If it's solely the north side of the country club entrance shared use path you are figuring, please send me that calculation as well. The south side of the country club entrance shared use path is complete. Thanks On Mon, Feb 1, 2021 at 5:49 PM Peterson,Tracy<tracy.peterson@cityofames.org> wrote: Mark, 1 Voss, Diane From: Mark DeYoung <mark@bellahomesiowa.com> Sent: Tuesday, March 9, 2021 12:38 PM To: Voss, Diane Subject: Fwd-. FW: The Irons Attachments: The Irons Sidewalk Ramps Asbuilts.pdf [External Email] Diane, Please see attached as-builts I sent to Tracy which I didn't get a response to. I'm more than happy to get you what you need as far as the LOC goes, but I sent these on in order to get that reduced. Let me know. Thanks ---------- Forwarded message --------- From: Mark DeYoung<mark@bellahomesiowa.com> Date: Fri, Feb 5, 2021 at 4:23 PM Subject: Fwd: FW: The Irons To: Tracy Peterson <tracy.peterson@cityofames.org> See attached. Thanks ---------- Forwarded message --------- From: Mike Brooner<MikeB@cda-eng.com> Date: Fri, Feb 5, 2021 at 1:27 PM Subject: RE: FW:The Irons To: mark@bellahomesiowa.com <mark@bellahomesiowa.com> CC: Jon Erdahl <JonE@cda-eng.com> Mark, Attached are the Sidewalk Ramp Asbuilts in the City's requested format. Should I forward to the City of Ames? Thanks 1 PROJECT The Irons SHOW NORTH LETTING DATE CONTRACTOR N CONSTRUCTION MO/YR: _T TIE-IN x c14 'F w Q) T3 > TURNING SPACE r) R1C2 T1 0 > 1 v'V v V v"Q_V, ' ' I-O 12 11- v < _j (3) PEDESTRIAN FACILITY LEGEND 0 C) PROPOSED SIDEWALK TURNING SPACE '6 dqgdb'o o bozo RS:0.1%-2.0% CS:0.1%-2.0% PROPOSED SIDEWALK RAMP R1C1 RS,5.0%-8.3%** CS:0.1%-2.0%OR5.0%* PROPOSED SIDEWALK RAMP FLARE STREET NAME OR DRIVEWAY ADDRESS PROPOSED SIDEWALK TRANSITION PROPOSED SIDEWALK Stange Road RS:0.1%-5.0% CS:0.1%-2.0% SPECIAL SHAPING RS:0.1%-5.0% CS:0.1%-2.0%OR5.0%* IRS=RUNNING SLOPE CS=CROSS SLOPE CONTROLLED INTERSECTION CROSS SLOPE IS 2%MAX UNCONTROLLED INTERSECTION CROSS SLOPE IS 5%MAX **RAMPS CAN ALSO BE SIDEWALK IF RAMP SLOPES NOT NEEDED. AND SIDEWALK TIE-INS CAN BE RAMPS IF NEEDED FOR SLOPE. TYPE 'B' RAMP: PERPENDICULAR, SINGLE For City Use Only: For City Use Only: TRUNCATED DOMES COMPLIANT? Y / N IF DOMES NON-COMPLIANT, WHY NOT? NON-COMPLIANT WITH JUSTIFICATION? Y / N NOT ATBOC IF YES, PLEASE ATTACH JUSTIFICATION NOT EXISTENT AT LOCATION CROSSING TYPE: CONTROLLED/NON CONTROLLED NOT FULL WIDTH OF RAMP DROP APPLICABLE STD (PER LETTING DATE) I PIE-SHAPED GAP BETWEEN DOMES IS RAMP COMPLIANT VIA THESE STDS? Y / N OTHER (DESCRIBE) Please Complete Below. Please Complete Below. RAMP 1 (DIRECTION: N/S, EfW) TURNING SPACE ID LENGTH (FT) ELEV CHANGE (FT) SLOPE ID LENGTH (FT) ELEV CHANGE (FT) SLOPE R1L1 8.70 0.51 5.86 T1=R1C2 9.80 0.13 1.33 R1L2 8.71 0.44 5.05 T2 4.93 0.02 0.41 R1C1 9.19 0.15 1.63 T3 9.83 0.11 1.12 R1C2=T1 9.80 0.13 1.33 F4 5.31 0.04 0.75 TIE-INS ID LENGTH (FT) ELEV CHANGE (FT) SLOPE (% xi 6.72 0.10 1.49 X2 6.72 0.14 2.08 AS BUILT DATE: 2-3-2021 CITY OF AMES * TYPE 'B' RAMP AS-BUILT AS BUILT BY: Civil Design Ady REV 10/13 R:\STANDARD COA DETAILS\PED RAMP AS-BUILT TEMPLATES\ VERIFIED BY: PROJECT The Irons SHOW NORTH LETTING DATE CONTRACTOR CONSTRUCTION MO/YR: N cn T TIE-IN x T3— QQ TURNING SPACE C14 R1C2 0 T1 PEDESTRIAN FACILITY LEGEND oo—00000 c,2 o—.600 6'0 6 06 b PROPOSED SIDEWALK TURNING SPACE Pl�16)6,6rd 16'� 0&00i)00600 RS:0.1%-2.0% CS:0.1%-2.0% PROPOSED SIDEWALK RAMP R1C1 RS:5.0%-8.3%** CS:0.1%-2.O%OR5.0%* PROPOSED SIDEWALK RAMP FLARE STREET NAME OR DRIVEWAY ADDRESS PROPOSED SIDEWALK TRANSITION PROPOSED SIDEWALK Irons Court RS:0.1%-5.0% CS:0.1%-2.0% SPECIAL SHAPING RS:0.1%-5M/. CS:0.1%-2.0%OR5.0%* IRS=RUNNING SLOPE CS=CROSS SLOPE CONTROLLED INTERSECTION CROSS SLOPE IS 2%MAX UNCONTROLLED INTERSECTION CROSS SLOPE IS 5%MAX **RAMPS CAN ALSO BE SIDEWALK IF RAMP SLOPES NOT NEEDED. AND SIDEWALK TIE-INS CAN BE RAMPS IF NEEDED FOR SLOPE. TYPE 'B' RAMP: PERPENDICULAR, SINGLE For City Use Only: For City Use Only: TRUNCATED DOMES COMPLIANT? Y / N IF DOMES NON-COMPLIANT, WHY NOT? NON-COMPLIANT WITH JUSTIFICATION? Y / N NOT ATBOC IF YES, PLEASE ATTACH JUSTIFICATION NOT EXISTENT AT LOCATION CROSSING TYPE: CONTROLLED/NON CONTROLLED NOT FULL WIDTH OF RAMP DROP APPLICABLE STD (PER LETTING DATE) PIE-SHAPED GAP BETWEEN DOMES IS RAMP COMPLIANT VIA THESE STDS? I Y / N OTHER (DESCRIBE) Please Complete Below. Please Complete Below. RAMP 1 (DIRECTION: N/S, E/W) TURNING SPACE 1D_ LENGTH (FT) ELEV CHANGE (FT)_SLOPE ID LENGTH(FT) ELEV CHANGE (FT) SLOPE R1L1 9.83 0.44 4.48 T1=R1C2 5.01 0.05 1.00 R1L2 6.77 0.40 5.91 T2 4.92 0.07 1.42 R1C1 5.89 0.01 0.17 T3 5.04 1 0.10 1 198 R1C2=T1 5.01 0.05 1 1.00 IT4 4.92 1 0.02 0.41 TIE-INS ID LENGTH(FT) ELEV CHANGE (FT) SLOPE xi 20.31 0.30 1.48 X2 20.35 0.22 1.08 AS BUILT DATE: 2-3-2021 CITY OF AMES * TYPE 'B' RAMP * AS-BUILT AS BUILT BY: Civil Design Ad REV 10/13 R:\STANDARD COA DETAILS\PED RAMP AS-BUILT TEMPLATES\ VERIFIED BY: PROJECT The Irons SHOW NORTH LETTING DATE CONTRACTOR CONSTRUCTION MO/YR: N X TIE-IN X T3 TURNING SPACE R1C2 T1 TI V J O Q J ✓ � J i lY o c c PEDESTRIAN FACILITY LEGEND \ � .Qaae000a,oa o�dd000000 PROPOSED SIDEWALK TURNING SPACE 'o o a.ob 0'0,00 ,O gE C.Q-0 Q,q 0 RS:0.1%-2.0% CS:0.1%-2.0% ob.'0n00o0'o _ PROPOSED SIDEWALK RAMP R1C1 RS:5.0%-8.3%" CS:0.1%-2.0%OR5.0%' PROPOSED SIDEWALK RAMP FLARE STREET NAME OR DRIVEWAY ADDRESS PROPOSED SIDEWALK TRANSITION PROPOSED SIDEWALK Irons Court RS:0.1%-5.0% CS:0.1%-2.0% SPECIAL SHAPING RS:0.1%-5.01/. CS:0.1%-2.0%OR5.0%` RS=RUNNING SLOPE CS=CROSS SLOPE 'CONTROLLED INTERSECTION CROSS SLOPE IS 2%MAX UNCONTROLLED INTERSECTION CROSS SLOPE IS 5%MAX "RAMPS CAN ALSO BE SIDEWALK IF RAMP SLOPES NOT NEEDED. AND SIDEWALK TIE-INS CAN BE RAMPS IF NEEDED FOR SLOPE. TYPE 'B' RAMP: PERPENDICULAR, SINGLE For City Use Only. For City Use Only: TRUNCATED DOMES COMPLIANT? Y / N IF DOMES NON-COMPLIANT, WHY NOT? NON-COMPLIANT WITH JUSTIFICATION? Y / N NOT AT BOC IF YES, PLEASE ATTACH JUSTIFICATION NOT EXISTENT AT LOCATION CROSSING TYPE: CONTROLLED/ NON CONTROLLED NOT FULL WIDTH OF RAMP DROP APPLICABLE STD (PER LETTING DATE) PIE-SHAPED GAP BETWEEN DOMES IS RAMP COMPLIANT VIA THESE STDS? Y / N OTHER (DESCRIBE) Please Complete Below. Please Complete Below. RAMP 1 (DIRECTION: N/S, E/W) TURNING SPACE ID LENGTH(FT) ELEV CHANGE (FT SLOPE (%) ID LENGTH (FT) ELEV CHANGE (FT) SLOPE (%) R1L1 8.68 0.37 4.26 T1=R1C2 4.85 0.09 1.86 R1 L2 4.63 0.38 8.21 T2 4.81 0.04 0.83 R1C1 1 6.31 0.09 1. IT3 4.89 0.05 1.02 R1C2=T1 4.85 0.09 1.86 T4 4.98 0.00 0.00 TIE-INS ID LENGTH (FT) ELEV CHANGE (FT) SLOPE (%) X1 NA NA NA X2 NA NA NA AS BUILT DATE: 2-3-2021 CITY OF AMES * TYPE 'B' RAMP * AS-BUILT AS BUILT BY: Civil Design Ad REV 10/13 R:\STANDARD COA DETAILS\PED RAMP AS-BUILT TEMPLATES\ VERIFIED BY: PROJECT The Irons SHOW NORTH LETTING DATE CONTRACTOR CONSTRUCTION MO/YR: n _T N vo X TIE-IN X (p -1 cn T3 D (S C v SPACEG N :3 00 t- RTC2 zT Z3 J c c Q J rf PEDESTRIAN FACILITY LEGEND \ 06QbCDO dO:UO PROPOSED SIDEWALK TURNING SPACE o o'do86 o'b'd•g RS:0.1%-2.0% CS:0.1%-2.0% V 'A`n;4,b,dg-'go 06 � n dtla`b-b odo'o PROPOSED SIDEWALK RAMP R1C1-►I RS:5.0%-8.3%.. CS:0.1%-2.0%OR5.0%' �\ PROPOSED SIDEWALK RAMP FLARE STREET NAME OR DRIVEWAY ADDRESS PROPOSED SIDEWALK TRANSITION PROPOSED SIDEWALK Irons Way To RS:IALS SHAPING CS:0.1%_2.0% Ames Country Club SPECIAL SHAPING RS:0.1%-5.0% CS:0.1%-2.0%OR 5.0%" RS=RUNNING SLOPE CS=CROSS SLOPE 'CONTROLLED INTERSECTION CROSS SLOPE IS 2%MAX UNCONTROLLED INTERSECTION CROSS SLOPE IS 5%MAX "RAMPS CAN ALSO BE SIDEWALK IF RAMP SLOPES NOT NEEDED. AND SIDEWALK TIE-INS CAN BE RAMPS IF NEEDED FOR SLOPE. TYPE 'B' RAMP: PERPENDICULAR, SINGLE For City Use Only: For City Use Only: TRUNCATED DOMES COMPLIANT? Y / N IF DOMES NON-COMPLIANT, WHY NOT? NON-COMPLIANT WITH JUSTIFICATION? Y / N NOT AT BOC IF YES, PLEASE ATTACH JUSTIFICATION NOT EXISTENT AT LOCATION CROSSING TYPE: CONTROLLED/NON CONTROLLED NOT FULL WIDTH OF RAMP DROP APPLICABLE STD (PER LETTING DATE) PIE-SHAPED GAP BETWEEN DOMES IS RAMP COMPLIANT VIA THESE STDS? I Y / N OTHER (DESCRIBE) Please Complete Below. Please Complete Below. RAMP 1 (DIRECTION: N/S, E/W) TURNING SPACE ID LENGTH(FT) ELEV CHANGE (FT) SLOPE (%) ID LENGTH (FT) ELEV CHANGE (FT) SLOPE (%) R1L1 9.95 0.05 0.50 T1=R1C2 10.07 0.06 0.60 R1 L.2 9.94 0.12 1.21 T2 9.16 0.07 1 0.76 R1C1 10.20 0.13 1.27 T3 9.12 0.04 0.44 R1C2=T1 10.07 1 0.06 0.60 T4 9.92 0.09 0.91 TIE-INS ID LENGTH(FT) ELEV CHANGE (FT) SLOPE (%) X1 18.21 0.11 0.60 X2 18.33 0.19 1.04 AS BUILT DATE: 2-3-2021 CITY OF AMES * TYPE 'B' RAMP * AS-BUILT AS BUILT BY: Civil Desiqn Ad REV 10/13 R:\STANDARD COA DETAILS\PED RAMP AS-BUILT TEMPLATES\ VERIFIED BY: Mike Brooner PLS vice president CIVIL DESIGN ADVANTAGE LLC 3405 SE Crossroads Drive, Suite G Grimes IA 50111 o 515.369.4400 f 515.369.4410 c 515.208.1317 mikeb@CDA-eng.com www.CDA-eng.com ---------- Forwarded message --------- From: Peterson,Tracy<tracy.peterson@cityofames.org> Date: Tue, Feb 2, 2021 at 10:31 AM Subject: RE: FW: The Irons To: Mark DeYoung<mark@bellahomesiowa.com> Cc: Voss, Diane <diane.voss@cityofames.org> Mark, The forms/template for as-builts can be found at the link below. https://www.cityofames.org/home/showdocument?id=11944 This is survey-grade information so you will need to make sure the information is collected by a qualified individual. ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 2 Ames 515.239.5163 main tracy.petersonCo),cit\/ofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Mark DeYoung<mark@bellahomesiowa.com> Sent: Monday, February 1, 2021 5:55 PM To: Peterson,Tracy<tracy.peterson@cityofames.org> Cc:Voss, Diane <diane.voss@cityofames.org> Subject: Re: FW: The Irons [External Email] I'm not quite sure what your"as builts" are. Do you have any documents we need to fill out for that? If it's solely the north side of the country club entrance shared use path you are figuring, please send me that calculation as well. The south side of the country club entrance shared use path is complete. Thanks 3 On Mon, Feb 1, 2021 at 5:49 PM Peterson, Tracy<tracy.peterson@cityofames.org>wrote: Mark, Last week I checked with our construction inspector for this project. He said that the pavement repairs have been completed, the shared use path will be completed in the spring and that we are still awaiting as-built plans showing the ADA ramps for compliance check. Do you have an update as to when you will get us the as-built elevations/plans for the ADA ramps? The financial security for the pavement repairs is$5,204.64. If the as-builts can be submitted then the LOC could be reduced even further(if they are in compliance). Thank you for the update. ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 4 Ames 515.239.5163 main tracy.Peterson(o)cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Mark DeYoung<mark@bellahomesiowa.com> Sent: Wednesday,January 27, 2021 12:58 PM To: Peterson, Tracy<tracy.peterson@cityofames.org>; Voss, Diane <diane.voss@citvofames.org> Subject: Re: FW: The Irons [External Email] Diane, Please see the email below from December. There have been numerous items done here and the goal was to lower the LOC requirement. Please let me know what revised LOC amount is required. Thanks 5 On Tue, Dec 29, 2020 at 2:57 PM Mark DeYoung <mark@bellahomesiowa.com>wrote: Tracy, I wanted to get in touch with you regarding these items are the Irons. It looks like the cracked road section at Stange and Irons ct is now replaced as well as the handicap ramps in these locations. Could you send me an updated LOC request so I can get that over to you for your records. Thanks! On Tue, Nov 10, 2020 at 2:10 PM Tracy Peterson <tracy.peterson@cityofames.org> wrote: Yes that sounds like a plan. Thank you. Get Outlook for Android From: Mark DeYoung<mark@bellahomesiowa.com> Sent:Tuesday, November 10, 2020 2:00:09 PM To:Tracy Peterson <tracy.peterson@citvofames.org> Subject: Re: FW: The Irons [External Email] Tracy, Sounds like Tim (Extreme Concrete) was in touch with Scott yesterday. They plan to attack these items either at the end of this week or early next week as weather clears up. After these "Fix it" items are checked off your list, I would think it to be reasonable to reduce the LOC amount. I'll plan to email you after these are completed. Sound good? 6 Thanks On Mon, Nov 9, 2020 at 3:29 PM Tracy Peterson <tracy.peterson@cityofames.org> wrote: Mark, Thank you for the call last week about The Irons in the Ames area and the outstanding work. Below and attached is some information, per your request. As you can see, we have reached out to the contractor without any response to completing this work therefore the financial security has to be continued. If you hear anything back from the contractor, please let us know when to plan for additional inspection work for this project. ("*Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames IA 50010 Ames 515.239.5163 main tracy.peterson(d_)cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Scott Miller<Scott.Miller@cityofames.org> Sent: Monday, November 9, 2020 10:37 AM To:Tracy Peterson <tracy.peterson@cityofames.org>; Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org> Subject: RE: The Irons Tracy, I re-visited the site on Thursday, and confirmed that none of the specific issues that were originally requested to be repaired by the contractor have been completed as of yet. I have attached some recent photos.These specific items are listed below. The contractor, Extreme Concrete, was contacted by telephone on October 1, and I spoke with Tim Brummel. I have also recently reached out to them by email, as well. Punch List needed for The Irons: • cracked concrete at the intersection of Stange Road and Irons Ct, needs replacement • ADA ramps incorrect at intersection of Stange Road and Irons Ct, need replaced • Shared use path not extended north to 190th St from the entrance to the Ames Country Club I also noticed some hairline cracks developing along the CLjoint of Irons Ct. 8 Scott Miller Sr. Engineering Technician 515.203.0793 mobile Scott.Miller@citvofames.org City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org I -Caring People-Quality Programs- Exceptional Service Ames From:Tracy Peterson <tracy.peterson@cityofames.org> Sent: Thursday, November 5, 2020 1:27 PM To: Scott Miller<Scott.Mi Ile r@cityofames.org>; Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org> Subject:The Irons Today I received a call, in response to us requesting that they extend/renew their Letter of Credit financial security, from Bella Homes about The Irons. Mark is asking for me to send him a copy of the punchlist and items outstanding that matches up to the financial security. He is willing to then apply pressure of the contractors to get the work done. Can one of you please send me the punchlist items and what has been communicated to the contractor(s)? Thanks! ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer 9 Voss, Diane From: Mark DeYoung <mark@bellahomesiowa.com> Sent: Tuesday, March 9, 2021 12:47 PM To: Voss, Diane Subject: Re: FW: The Irons [External Email] The only development item that I'm aware of is the shared use path to the north of the entrance to the country club. I have that item on my concrete guys' list to be completed this summer. Let me know what else you need and an amount and I'll get a letter from our bank. Thanks On Tue, Mar 9, 2021 at 12:43 PM Voss, Diane <diane.voss@cityofames.org>wrote: Thanks for the information. Can you please inform me what improvements are still needing to be completed. Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Mark DeYoung<mark@bellahomesiowa.com> Sent:Tuesday, March 9, 2021 12:38 PM To:Voss, Diane <diane.voss@cityofames.org> Subject: Fwd: FW:The Irons [External Email] Diane, Please see attached as-builts I sent to Tracy which I didn't get a response to. i I'm more than happy to get you what you need as far as the LOC goes, but I sent these on in order to get that reduced. Let me know. Thanks ---------- Forwarded message --------- From: Mark DeYoung<mark@bellahomesiowa.com> Date: Fri, Feb 5, 2021 at 4:23 PM Subject: Fwd: FW: The Irons To: Tracy Peterson <tracy.peterson@cityofames.org> See attached. Thanks ---------- Forwarded message --------- From: Mike Brooner<MikeB@cda-eng.com> Date: Fri, Feb 5, 2021 at 1:27 PM Subject: RE: FW: The Irons To: mark@bellahomesiowa.com <mark@bellahomesiowa.com> CC:Jon Erdahl <JonE@cda-eng.com> Mark, Attached are the Sidewalk Ramp Asbuilts in the City's requested format. Should I forward to the City of Ames? Thanks Mike Brooner PLS vice president 2 Voss, Diane From: Peterson, Tracy Sent: Tuesday, March 9, 2021 7:12 PM To: Voss, Diane; Mark DeYoung Cc: Lambert, Mark Subject: Re: The Irons Mark DeYoung, As of the information that I have now, the new total would be as follows. Can you please let me know if you concur with this? Partial Release 4 The Irons Subdivision Item Quantity Unit Unit Price Totals COSESCO 24.7 AC $500.00 $0.00completed 4" PCC City Sidewalk 192 SY $48.00 $9,216.00250 SY remaining as of 10-8-19 7" PCC Pavement 3,330 SY $46.47 $0.000ompleted 2/1/21 5" PCC Shared Use Path 2,818 SY $48.00 $135,264.00,$72864.00(reduced from 2,818 SY to 1,518 SY) 6" PCC Sidewalk 15 SY $48.00 $0.000ompleted 2/1/21 Interior Sidewalk 676.5 SY $48.00 $32,472.00 $31,488.00(reduced from 676.5 SY to 656 SY) Utility Punch List 1 LS $7,800.00 $0.00completed NEW TOTAL: $113,568.00 3/9/2021 Tracy Peterson From: Peterson, Tracy<tracy.peterson@cityofames.org> Sent: Tuesday, March 9, 2021 6:55 PM To:Voss, Diane <diane.voss@cityofames.org>; Mark DeYoung <mark@bellahomesiowa.com> Cc: Lambert, Mark<mark.lambert@cityofames.org> Subject: Re: The Irons All, I apologize for not getting back to you sooner about the next Reduction/Release of financial security as the contractor has completed more work. I will work on getting this completed in the very near future, possibly yet this week. Tracy Peterson Municipal Engineer i Voss, Diane From: Peterson, Tracy Sent: Tuesday, March 9, 2021 6:55 PM To: Voss, Diane; Mark DeYoung Cc: Lambert, Mark Subject: Re:The Irons All, I apologize for not getting back to you sooner about the next Reduction/Release of financial security as the contractor has completed more work. I will work on getting this completed in the very near future, possibly yet this week. Tracy Peterson Municipal Engineer From:Voss, Diane <diane.voss@cityofames.org> Sent:Tuesday, March 9, 2021 12:35 PM To: Mark DeYoung <mark@bellahomesiowa.com> Cc: Peterson,Tracy<tracy.peterson@cityofames.org>; Lambert, Mark<mark.lambert@cityofames.org> Subject:The Irons Mr. DeYoung: My records indicate that you have not filed the updated Letter of Credit in the amount of$119,492.64, which you were to file with the City no later than October 26, 2020. You corresponded with Municipal Engineer Tracy (Warner) Peterson several times indicating that all work was finished except for the shared use path, which you stated would be finished in the spring. To date, I have not received verification from the City's Public Works Department of the work that you allege has been completed. The last email that I was copied on from you to Ms. Peterson was dated February 2, 2021, in which you were sent a link to the forms for as-builts. However, to my knowledge as of this date, no as-builts have been approved and no updated LOC has been provided to the City to cover the incomplete public improvements. Therefore, please provide me with the requested Letter of Credit in the amount of$119,492.64 no later than March 15, 2021. Thank you. Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Mark DeYoung<mark@bellahomesiowa.com> Sent: Monday, February 1, 2021 5:55 PM To: Peterson, Tracy<tracy.peterson@cityofames.org> 1 From:Voss, Diane <diane.voss@cityofames.org> Sent: Tuesday, March 9, 2021 12:35 PM To: Mark DeYoung<mark@bellahomesiowa.com> Cc: Peterson, Tracy<tracy.peterson@cityofames.org>; Lambert, Mark<mark.lambert@cityofames.org> Subject:The Irons Mr. DeYoung: My records indicate that you have not filed the updated Letter of Credit in the amount of$119,492.64, which you were to file with the City no later than October 26, 2020. You corresponded with Municipal Engineer Tracy (Warner) Peterson several times indicating that all work was finished except for the shared use path, which you stated would be finished in the spring. To date, I have not received verification from the City's Public Works Department of the work that you allege has been completed. The last email that I was copied on from you to Ms. Peterson was dated February 2, 2021, in which you were sent a link to the forms for as-builts. However, to my knowledge as of this date, no as-builts have been approved and no updated LOC has been provided to the City to cover the incomplete public improvements. Therefore, please provide me with the requested Letter of Credit in the amount of$119,492.64 no later than March 15, 2021. Thank you. Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Mark DeYoung<mark@bellahomesiowa.com> Sent: Monday, February 1, 2021 5:55 PM To: Peterson, Tracy<tracy.peterson@cityofames.org> Cc: Voss, Diane<diane.voss@cityofames.org> Subject: Re: FW: The Irons [External Email] I'm not quite sure what your"as builts" are. Do you have any documents we need to fill out for that? If it's solely the north side of the country club entrance shared use path you are figuring, please send me that calculation as well. The south side of the country club entrance shared use path is complete. Thanks On Mon, Feb 1, 2021 at 5:49 PM Peterson, Tracy<tracy.peterson@cityofames.org>wrote: Mark, Last week I checked with our construction inspector for this project. He said that the pavement repairs have been completed, the shared use path 2 will be completed in the spring and that we are still awaiting as-built plans showing the ADA ramps for compliance check. Do you have an update as to when you will get us the as-built elevations/plans for the ADA ramps? The financial security for the pavement repairs is$5,204.64. If the as-builts can be submitted then the LOC could be reduced even further (if they are in compliance). Thank you for the update. ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 A'-, m e s 515.239.5163 main trace.Peterson(o)cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Mark DeYoung<mark@bellahomesiowa.com> Sent: Wednesday, January 27, 2021 12:58 PM To: Peterson,Tracy<tracy.peterson@cityofames.org>; Voss, Diane<diane.voss@cityofames.org> Subject: Re: FW: The Irons [External Email] - Diane, Please see the email below from December.There have been numerous items done here and the goal was to lower the LOC requirement. Please let me know what revised LOC amount is required. Thanks On Tue, Dec 29, 2020 at 2:57 PM Mark DeYoung<mark bellahomesiowa.com>wrote: Tracy, 3 I wanted to get in touch with you regarding these items are the Irons. It looks like the cracked road section at Stange and Irons ct is now replaced as well as the handicap ramps in these locations. Could you send me an updated LOC request so I can get that over to you for your records. Thanks! On Tue, Nov 10, 2020 at 2:10 PM Tracy Peterson <tracy.peterson@citvofames.org> wrote: Yes that sounds like a plan. Thank you. Get Outlook for Android From: Mark DeYoung <mark@bellahomesiowa.com> Sent:Tuesday, November 10, 2020 2:00:09 PM To: Tracy Peterson <tracy.peterson@cityofames.org> Subject: Re: FW: The Irons [External Email] Tracy, Sounds like Tim (Extreme Concrete) was in touch with Scott yesterday. They plan to attack these items either at the end of this week or early next week as weather clears up. After these "Fix it" items are checked off your list, I would think it to be reasonable to reduce the LOC amount. I'll plan to email you after these are completed. Sound good? Thanks On Mon, Nov 9, 2020 at 3:29 PM Tracy Peterson <tracy.peterson@cityofames.org>wrote: Mark, Thank you for the call last week about The Irons in the Ames area and the outstanding work. Below and attached is some information, per your request. As you can see, we have reached out to the contractor without any response to completing this work therefore the financial security has to be continued. If you hear anything back from the contractor, please let us know when to plan for additional inspection work for this project. ("*Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 4 Ames 515,239.5163 main tracy.Peterson(c)cityofames.orq Mailing: 515 Clark Ave. I Ames, IA 50010 www.CitvofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Scott Miller<Scott.Miller@cityofames.org> Sent: Monday, November 9, 2020 10:37 AM To:Tracy Peterson <tracy.peterson@cityofames.org>; Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org> Subject: RE:The Irons Tracy, I re-visited the site on Thursday, and confirmed that none of the specific issues that were originally requested to be repaired by the contractor have been completed as of yet. I have attached some recent photos. These specific items are listed below. The contractor, Extreme Concrete, was contacted by telephone on October 1, and I spoke with Tim Brummel. I have also recently reached out to them by email, as well. Punch List needed for The Irons: • cracked concrete at the intersection of Stange Road and Irons Ct, needs replacement • ADA ramps incorrect at intersection of Stange Road and Irons Ct, need replaced • Shared use path not extended north to 1901h St from the entrance to the Ames Country Club I also noticed some hairline cracks developing along the CLjoint of Irons Ct. Scott Miller Sr. Engineering Technician 515.203.0793 mobile Scott.Miller@citvofames.org City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org I " Caring People-Quality Programs" Exceptional ServiceA m e " s!'' 5 From:Tracy Peterson <tracy.peterson@cityofames.org> Sent:Thursday, November 5, 2020 1:27 PM To: Scott Miller<Scott.MiIler@cityofames.org>; Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org> Subject:The Irons TodayI received a call in response to us requesting that the extend/renew their Letter of Credit financial security, � p q g Y from Bella Homes about The Irons. Mark is asking for me to send him a copy of the punchlist and items outstanding that matches up to the financial security. He is willing to then apply pressure of the contractors to get the work done. Can one of you please send me the punchlist items and what has been communicated to the contractor(s)? Thanks! ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tracy.Peterson(c�cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! Mark DeYoung Bella Homes 515.291.4664 Mark DeYoung Bella Homes 515.291.4664 6 Cc: Voss, Diane <diane.voss@cityofames.org> Subject: Re: FW: The Irons [External Email] I'm not quite sure what your"as builts" are. Do you have any documents we need to fill out for that? If it's solely the north side of the country club entrance shared use path you are figuring, please send me that calculation as well. The south side of the country club entrance shared use path is complete. Thanks On Mon, Feb 1, 2021 at 5:49 PM Peterson, Tracy<tracy.peterson@cityofames.org> wrote: Mark, Last week I checked with our construction inspector for this project. He said that the pavement repairs have been completed, the shared use path will be completed in the spring and that we are still awaiting as-built plans showing the ADA ramps for compliance check. Do you have an update as to when you will get us the as-built elevations/plans for the ADA ramps? The financial security for the pavement repairs is$5,204.64. If the as-builts can be submitted then the LOC could be reduced even further (if they are in compliance). Thank you for the update. ("*Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tracy.Peterson(cDcityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CitVofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! 2 From: Mark DeYoung <mark@bellahomesiowa.com> Sent: Wednesday, January 27, 2021 12:58 PM To: Peterson, Tracy<tracy.peterson@cityofames.org>; Voss, Diane <diane.voss@cityofames.org> Subject: Re: FW: The Irons [External Email] Diane, Please see the email below from December. There have been numerous items done here and the goal was to lower the LOC requirement. Please let me know what revised LOC amount is required. Thanks On Tue, Dec 29, 2020 at 2:57 PM Mark DeYoung<mark@bellahomesiowa.com>wrote: Tracy, I wanted to get in touch with you regarding these items are the Irons. It looks like the cracked road section at Stange and Irons ct is now replaced as well as the handicap ramps in these locations. Could you send me an updated LOC request so I can get that over to you for your records. Thanks! On Tue, Nov 10, 2020 at 2:10 PM Tracy Peterson <tracy.peterson@cityofames.org>wrote: Yes that sounds like a plan.Thank you. Get Outlook for Android From: Mark DeYoung<mark@bellahomesiowa.com> Sent:Tuesday, November 10, 2020 2:00:09 PM To:Tracy Peterson <tracy.peterson@cityofames.org> Subject: Re: FW: The Irons [External Email] Tracy, Sounds like Tim (Extreme Concrete) was in touch with Scott yesterday. They plan to attack these items either at the end of this week or early next week as weather clears up. After these "Fix it" items are checked off your list, I would think it to be reasonable to reduce the LOC amount. I'll plan to email you after these are completed. Sound good? Thanks On Mon, Nov 9, 2020 at 3:29 PM Tracy Peterson <tracy.peterson@cityofames.org>wrote: Mark, Thank you for the call last week about The Irons in the Ames area and the outstanding work. 3 Below and attached is some information, per your request. As you can see, we have reached out to the contractor without any response to completing this work therefore the financial security has to be continued. If you hear anything back from the contractor, please let us know when to plan for additional inspection work for this project. (*"Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 m e :s; 515.239.5163 main tracy.Peterson(a)cityofames.org Mailing: 515 Clark Ave. I Ames IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Scott Miller<Scott.Miller@cityofames.org> Sent: Monday, November 9, 2020 10:37 AM To:Tracy Peterson <tracy.peterson@cityofames.org>; Abdelhafiz Ibrahim <Abdelhafiz.I bra him @cityofames.org> Subject: RE: The Irons Tracy, I re-visited the site on Thursday, and confirmed that none of the specific issues that were originally requested to be repaired by the contractor have been completed as of yet. I have attached some recent photos.These specific items are listed below. The contractor, Extreme Concrete, was contacted by telephone on October 1, and I spoke with Tim Brummel. I have also recently reached out to them by email, as well. Punch List needed for The Irons: • cracked concrete at the intersection of Stange Road and Irons Ct, needs replacement • ADA ramps incorrect at intersection of Stange Road and Irons Ct, need replaced • Shared use path not extended north to 190th St from the entrance to the Ames Country Club I also noticed some hairline cracks developing along the CLjoint of Irons Ct. 4 Scott Miller Sr. Engineering Technician 515.203.0793 mobile Scott.Miller@cityofames.org City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org Caring People-Quality Programs Exceptional Service" A m e s"' From: Tracy Peterson <tracy.peterson@cityofames.org> Sent: Thursday, November 5, 2020 1:27 PM To: Scott Miller<Scott.Miller@cityofames.org>; Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org> Subject: The Irons Today I received a call, in response to us requesting that they extend/renew their Letter of Credit financial security, from Bella Homes about The Irons. Mark is asking for me to send him a copy of the punchlist and items outstanding that matches up to the financial security. He is willing to then apply pressure of the contractors to get the work done. Can one of you please send me the punchlist items and what has been communicated to the contractor(s)? Thanks! ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames IA 50010 Ames 515.239.5163 main tracy.Peterson(d)cityofames.org Mailing: 515 Clark Ave. I Ames IA 50010 www.CityofAmes.org 5 Help make the City of Ames even better! Download the Ames on the Go app today! Mark DeYoung Bella Homes 515.291.4664 Mark DeYoung Bella Homes 515.291.4664 6 Voss, Diane From: Mark DeYoung <mark@bellahomesiowa.com> Sent: Tuesday, March 9, 2021 7:43 PM To: Peterson, Tracy Cc: Lambert, Mark; Voss, Diane Subject: Re: The Irons [External Email] Please show on a plat what the 4" pcc consists of as well as the 676 sq yards of interior sidewalk. Thank you. On Tue, Mar 9, 2021 at 7:12 PM Peterson, Tracy<tracy.peterson@cityofames.org>wrote: Mark DeYoung, As of the information that I have now, the new total would be as follows. Can you please let me know if you concur with this? Partial Release 4 The Irons Subdivision Item Quantity Unit Unit Price Totals COSESCO 24.7 AC $500.00 $O.00completed 4" PCC City Sidewalk 192 SY $48.00 $9,216.00250 SY remaining as of 10-8-19 7" PCC Pavement 3,330 SY $46.47 $0.000ompleted 2/1/21 5" PCC Shared Use Path 2,818 SY $48.00 $135,264.00 .$72,864,00(reduced from 2,818 SY to 1,518 SY) 6" PCC Sidewalk 15 SY $48.00 $0.000ompleted 2/1/21 Interior Sidewalk 676.5 SY $48.00 $32,472.00 $31,488.00(reduced from 676.5 SY to 656 SY) Utility Punch List 1 LS $7,800.00 $0.00completed NEW TOTAL: $113,568.00 3/9/2021, Tracy Peterson From: Peterson,Tracy<tracy.peterson@cityofames.org> Sent:Tuesday, March 9, 2021 6:55 PM To:Voss, Diane <diane.voss@cityofames.org>; Mark DeYoung<mark bellahomesiowa.com> Cc: Lambert, Mark<mark.lambert@cityofames.org> Subject: Re: The Irons 1 Voss, Diane From: Voss, Diane Sent: Friday, March 12, 2021 4:38 PM To: Mark DeYoung Subject: RE: FW:The Irons Mark: Since the Agreement for Public Improvements called for the improvements to be completed by not later than April 25, 2020, 1 am requesting that you provide me with the LOC in the amount of$119,492.64 by the close of the day on March 15, 2021, if possible. Please email the LOC and follow-up with a hard copy. A reduction in the amount of security will be forthcoming; however, the Council does not meet until March 23; at which time, it is anticipated that the amount of security will be reduced by approximately$5,000. Thank you for your attention to this matter and your anticipated cooperation. Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Mark DeYoung<mark@bellahomesiowa.com> Sent:Tuesday, March 9, 2021 12:38 PM To:Voss, Diane <diane.voss@cityofames.org> Subject: Fwd: FW:The Irons [External Email] Diane, Please see attached as-builts I sent to Tracy which I didn't get a response to. I'm more than happy to get you what you need as far as the LOC goes, but I sent these on in order to get that reduced. Let me know. Thanks ---------- Forwarded message --------- From: Mark DeYoung<mark@bellahomesiowa.com> Date: Fri, Feb 5, 2021 at 4:23 PM Subject: Fwd: FW: The Irons To: Tracy Peterson <tracy.peterson@cityofames.orR> See attached. Thanks 1 l l Voss, Dianef `� From: Mark DeYoung <mark@bellahomesiowa.com> Sent: Friday, March 12, 2021 4:56 PM l To: Voss, Diane Subject: Re: FW: The Irons Ceti Diane, I will get the LOC letter sent to you for the amount below. I'm very perplexed at the inconsistencies that I have been shown for this entire ordeal and I'm sure you would agree with that. The lists of items that I have been sent have never been matched with any plan, thus creating ambiguity. These items have only have been stated as a quantity which is 100% inaccurate. I will however continue to get you the requested information you request. Thanks On Fri, Mar 12, 2021 at 4:37 PM Voss, Diane <diane.voss@cityofames.org>wrote: Mark: Since the Agreement for Public Improvements called for the improvements to be completed by not later than April 25, 2020, 1 am requesting that you provide me with the LOC in the amount of$119,492.64 by the close of the day on March 15, 2021, if possible. Please email the LOC and follow-up with a hard copy. A reduction in the amount of security will be forthcoming; however, the Council does not meet until March 23; at which time, it is anticipated that the amount of security will be reduced_by approximately$5,000. Thank you for your attention to this matter and your anticipated cooperation. Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Mark DeYoung<mark@bellahomesiowa.com> Sent: Tuesday, March 9, 2021 12:38 PM To:Voss, Diane <diane.voss@cityofames.org> Subject: Fwd: FW: The Irons [External Email] Diane, Please see attached as-builts I sent to Tracy which I didn't get a response to. I'm more than happy to get you what you need as far as the LOC goes, but I sent these on in order to get that reduced. Let me know. Thanks ---------- Forwarded message --------- From: Mark DeYoung<mark@bellahomesiowa.com> Date: Fri, Feb 5, 2021 at 4:23 PM Subject: Fwd: FW: The Irons To:Tracy Peterson <tracy.peterson@cityofames.org> See attached. Thanks ---------- Forwarded message --------- From: Mike Brooner<MikeB@cda-eng.com> 2 Date: Fri, Feb 5, 2021 at 1:27 PM Subject: RE: FW: The Irons To: mark@bellahomesiowa.com <mark@bellahomesiowa.com> CC: Jon Erdahl <JonE@cda-eng.com> Mark, Attached are the Sidewalk Ramp Asbuilts in the City's requested format. Should I forward to the City of Ames? Thanks Mike Brooner PLS vice president CIVIL DESIGN ADVANTAGE LLC 3405 SE Crossroads Drive, Suite G Grimes, IA 50111 o 515.369.4400 f 515.369.4410 c 515.208.1317 mikeb@CDA-eng.com www.CDA-eng.com ---------- Forwarded message --------- From: Peterson,Tracy<tracy.peterson@cityofames.org> Date: Tue, Feb 2, 2021 at 10:31 AM Subject: RE: FW: The Irons To: Mark DeYoung<mark(a@bellahomesiowa.com> Cc: Voss, Diane <diane.voss@cityofames.org> Mark, The forms/template for as-builts can be found at the link below. https://www.cityofames.org/home/showdocument?id=11944 3 This is survey-grade information so you will need to make sure the information is collected by a qualified individual. ("*Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main tracy.peterson(acityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Mark DeYoung<mark@bellahomesiowa.com> Sent: Monday, February 1, 2021 5:55 PM To: Peterson, Tracy<tracy.peterson@cityofames.org> 4 Cc:Voss, Diane <diane.voss@cityofames.org> Subject: Re: FW: The Irons [External Email] I'm not quite sure what your "as builts" are. Do you have any documents we need to fill out for that? If it's solely the north side of the country club entrance shared use path you are figuring, please send me that calculation as well. The south side of the country club entrance shared use path is complete. Thanks On Mon, Feb 1, 2021 at 5:49 PM Peterson, Tracy<tracy.peterson@cityofames.org>wrote: Mark, Last week I checked with our construction inspector for this project. He said that the pavement repairs have been completed, the shared use path will be completed in the spring and that we are still awaiting as-built plans showing the ADA ramps for compliance check. Do you have an update as to when you will get us the as-built elevations/plans for the ADA ramps? The financial security for the pavement repairs is$5,204.64. If the as-builts can be submitted then the LOC could be reduced even further(if they are in compliance). Thank you for the update. 5 ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 m e s 515.239.5163 main tracy.peterson(a�cityofames.orq Mailing: 515 Clark Ave. I Ames, IA 50010 www.CitVofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! From: Mark DeYoung <mark@bellahomesiowa.com> Sent: Wednesday,January 27, 2021 12:58 PM To: Peterson, Tracy<tracy.peterson@cityofames.org>; Voss, Diane <diane.voss@cityofames.org> Subject: Re: FW: The Irons 6 [External Email] Diane, Please see the email below from December. There have been numerous items done here and the goal was to lower the LOC requirement. Please let me know what revised LOC amount is required. Thanks On Tue, Dec 29, 2020 at 2:57 PM Mark DeYoung<mark bellahomesiowa.com>wrote: Tracy, I wanted to get in touch with you regarding these items are the Irons. It looks like the cracked road section at Stange and Irons ct is now replaced as well as the handicap ramps in these locations. Could you send me an updated LOC request so I can get that over to you for your records. Thanks! On Tue, Nov 10, 2020 at 2:10 PM Tracy Peterson <tracy.peterson@cityofames.org> wrote: Yes that sounds like a plan. Thank you. Get Outlook for Android From: Mark DeYoung<mark@bellahomesiowa.com> Sent:Tuesday, November 10, 2020 2:00:09 PM To:Tracy Peterson <tracy.peterson@cityofames.org> Subject: Re: FW: The Irons 7 [External Email] Tracy, Sounds like Tim (Extreme Concrete) was in touch with Scott yesterday. They plan to attack these items either at the end of this week or early next week as weather clears up. After these "Fix it" items are checked off your list, I would think it to be reasonable to reduce the LOC amount. I'll plan to email you after these are completed. Sound good? Thanks On Mon, Nov 9, 2020 at 3:29 PM Tracy Peterson <tracy.peterson@cityofames.org>wrote: Mark, Thank you for the call last week about The Irons in the Ames area and the outstanding work. Below and attached is some information, per your request. As you can see, we have reached out to the contractor without any response to completing this work therefore the financial security has to be continued. If you hear anything back from the contractor, please let us know when to plan for additional inspection work for this project. ("*Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department 8 City Hall, 515 Clark Ave. I Ames, IA 50010 H M tz� S 515.239.5163 main trace.Peterson(aD-cityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CityofAmes.org Help make the City of Ames even better.! Download the Ames on the Go app today! From: Scott Miller<Scott.Mi Ile r@cityofames.org> Sent: Monday, November 9, 2020 10:37 AM To:Tracy Peterson <tracy.peterson@cityofames.org>; Abdelhafiz Ibrahim <Abdelhafiz.Ibrahim@cityofames.org> Subject: RE:The Irons Tracy, I re-visited the site on Thursday, and confirmed that none of the specific issues that were originally requested to be repaired by the contractor have been completed as of yet. I have attached some recent photos. These specific items are listed below. The contractor, Extreme Concrete, was contacted by telephone on October 1, and I spoke with Tim Brummel. I have also recently reached out to them by email, as well. 9 Punch List needed for The Irons: • cracked concrete at the intersection of Stange Road and Irons Ct, needs replacement • ADA ramps incorrect at intersection of Stange Road and Irons Ct, need replaced • Shared use path not extended north to 1901h St from the entrance to the Ames Country Club I also noticed some hairline cracks developing along the CL joint of Irons Ct. Scott Miller Sr. Engineering Technician 515.203.0793 mobile Scott.Miller@cityofames.org City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org " Caring People-Quality Programs-Exceptional Service P m e s"" From:Tracy Peterson <tracy.peterson@cityofames.org> Sent: Thursday, November 5, 2020 1:27 PM To: Scott Miller<Scott.Miller@citvofames.org>; Abdelhafiz Ibrahim <Abdelhafiz.lbrahim@cityofames.org> Subject:The Irons Today I received a call, in response to us requesting that they extend/renew their Letter of Credit financial security, from Bella Homes about The Irons. Mark is asking for me to send him a copy of the punchlist and items outstanding that matches up to the financial security. He is willing to then apply pressure of the contractors to get the work done. 10 Can one of you please send me the punchlist items and what has been communicated to the contractor(s)? Thanks! ("Please note my name change and updated email address below") Tracy Peterson, PE Municipal Engineer Public Works Department City Hall, 515 Clark Ave. I Ames, IA 50010 Ames 515.239.5163 main trace.Peterson Qcityofames.org Mailing: 515 Clark Ave. I Ames, IA 50010 www.CitvofAmes.org Help make the City of Ames even better! Download the Ames on the Go app today! 11 Mark DeYoung Bella Homes 515.291.4664 Mark DeYoung Bella Homes 515.291.4664 Mark DeYoung Bella Homes 515.291,4664 Mark DeYoung Bella Homes 515.291.4664 Mark DeYoung Bella Homes 515.291.4664 12 '000000000001109942034503152021' BANK&TRUST DISBURSEMENT REQUEST AND AUTHORIZATION Principal Loan Date I Maturity Loan No Call i Coll Account Officer Initials $119,492.64 03-15-2021 On Demand 1109942 0000103730-05 31 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing"`�"'has been omitted due to text length limitations. Borrower: THE IRONS,L.L.C. Lender: South Story Bank&Trust 506 E 1ST STREET Ashworth HUXLEY,IA 50124 6139 Ashworth Rd West Des Moines,IA 50266 LOAN TYPE. This is a Variable Rate Nondisclosable Draw Down Line of Credit Loan to a Limited Liability Company for$119,492.64 due on demand. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: ❑Personal,Family,or Household Purposes or Personal Investment. N Business(Including Real Estate Investment). SPECIFIC PURPOSE. The specific purpose of this loan is: LETTER OF CREDIT TO STORY COUNTY AND THE CITY OF AMES. DISBURSEMENT INSTRUCTIONS. Borrower understands that no loan proceeds will be disbursed until all of Lender's conditions for making the loan have been satisfied. Please disburse the loan proceeds of$119,492.64 as follows: Undisbursed Funds: $119,492.64 Note Principal: $119,492.64 BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS DISBURSEMENT REQUEST AND AUTHORIZATION AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. FINANCIAL CONDITION. BY SIGNING THIS AUTHORIZATION, BORROWER REPRESENTS AND WARRANTS TO LENDER THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND CORRECT AND THAT THERE HAS BEEN NO MATERIAL ADVERSE CHANGE IN BORROWER'S FINANCIAL CONDITION AS DISCLOSED IN BORROWER'S MOST RECENT FINANCIAL STATEMENT TO LENDER. THIS AUTHORIZATION IS DATED MARCH 15,2021. BORROWER: THE IRONS,L.L.C. A� / �R.>v lZEf Mar 15,2021 Rzy �YoffNA Mar 15,2021 By: ChnsGadnd;F lar'5,.0211534 COT l By: Mark[eY—g(Ma,15,2C.13'.55 CDT, Christopher M. Gardner, Member\Manager of THE Mark R.DeYoung,Member\Manager of THE IRONS, IRONS,L.L.C. L.L.C. `000000000001109942082003152021` allaLITH a-ro Qy BANK s.TRUST NOTICE OF FINAL AGREEMENT Principal Loan Date Maturity Loan No Call/Coll Account Officer Initials $119,492.64 03-15-2021 On Demand 1109942 0000103730-05 31 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing"'""'has been omitted due to text length limitations. Borrower: THE IRONS,L.L.C. Lender: South Story Bank&Trust 506 E1ST STREET Ashworth HUXLEY,IA 50124 6139 Ashworth Rd West Des Moines,IA 50266 IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THE LOAN AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THE WRITTEN LOAN AGREEMENT MAY BE LEGALLY ENFORCED. PARTIES MAY CHANGE THE TERMS OF THE LOAN AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. As used in this Notice,the following terms have the following meanings: Loan. The term "Loan"means the following described loan: a Variable Rate Nondisclosable Draw Down Line of Credit Loan to a Limited Liability Company for$119,492.64 due on demand. Loan Agreement. The term"Loan Agreement"means one or more promises, promissory notes, agreements, undertakings, security agreements,deeds of trust or other documents,or commitments,or any combination of those actions or documents, relating to the Loan,including without limitation the following: LOAN DOCUMENTS -Irrevocable Letter of Credit: 1109942 -Promissory Note Disbursement Request and Authorization Notice of Final Agreement Parties. The term"Parties"means South Story Bank&Trust and any and all entities or individuals who are obligated to repay the loan or have pledged property as security for the Loan,including without limitation the following: Borrower: THE IRONS,L.L.C. Each Party who signs below,other than South Story Bank&Trust,acknowledges,represents,and warrants to South Story Bank&Trust that it has received,read and understood this Notice of Final Agreement. This Notice is dated March 15,2021. BORROWER: THE IRONS,L.L.C. AA l�4n,s7-�C)6r Rwk z pqq- Mar 15,2021 By; -, c, . e. i. Mar 15,2021 By: „ n,. _ Christopher M. Gardner, Member\Manager of THE Mark R.DeYoung,Member\Manager of THE IRONS, IRONS,L.L.C. L.L.C. LENDER: SOUTH STORY BANK&TRUST Shgne Brix X - , Mar 15,2021 Shane Brix,SVP/Commercial Banker '000000000001109942095503152021' SOUTH BANK a TRUST PROMISSORY NOTE Principal Loan Date Maturity Loan No Call/Coil Account Officer Initials $119,492.64 03-15-2021 On Demand 1109942 0000103730-05 31 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing"""'has been omitted due to text length limitations. Borrower: THE IRONS,L.L.C. Lender: South Story Bank&Trust 506 E 1ST STREET Ashworth HUXLEY,IA 50124 6139 Ashworth Rd West Des Moines,IA 50266 Principal Amount: $119,492.64 Initial Rate: 5.250% Date of Note: March 15,2021 PROMISE TO PAY. THE IRONS,L.L.C.("Borrower")promises to pay to South Story Bank&Trust("Lender"),or order,in lawful money of the United States of America, on demand,the principal amount of One Hundred Nineteen Thousand Four Hundred Ninety-two&641100 Dollars ($119,492.64)or so much as may be outstanding,together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest;then to principal;then to any escrow or reserve account payments as required under any mortgage, deed of trust, or other security instrument or security agreement securing this Note; and then to any unpaid collection costs. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the base rate on corporate loans posted by at least 70%of the 10 largest U.S.Banks known as the Wall Street Journal U.S.Prime Rate(the"Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250%per annum. Interest on the unpaid principal balance of this Note will be calculated as described in the"INTEREST CALCULATION METHOD"paragraph using a rate of 1.500 percentage points over the Index(the "Margin"), adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.250% per annum. If Lender determines, in its sole discretion,that the Index has become unavailable or unreliable, either temporarily, indefinitely,or permanently, during the term of this Note,Lender may amend this Note by designating a substantially similar substitute index. Lender may also amend and adjust the Margin to accompany the substitute index. The change to the Margin may be a positive or negative value,or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this Note will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent of the Borrower. NOTICE: Under no circumstances will the interest rate on this Note be less than 5.250%per annum or more than the maximum rate allowed by applicable law. INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 365/365 simple interest basis;that is,by applying the ratio of the interest rate over the number of days in a year(365 for all years,including leap years),multiplied by the outstanding principal balance,multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. RECEIPT OF PAYMENTS. All payments must be made in U.S.dollars and must be received by Lender at: South Story Bank&Trust Ashworth 6139 Ashworth Rd West Des Moines,IA 50266 All payments must be received by Lender consistent with any written payment instructions provided by Lender.If a payment is made consistent with Lender's payment instructions but received after 5:30 pm Central Time on a business day, Lender will credit Borrower's payment on the next business day. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased to 18.000%per annum. However,in no event will the interest rate exceed the maximum interest rate limitations under applicable law. LENDER'S RIGHTS. Upon Lender's demand, Lender may declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due,and then Borrower will pay that amount. ATTORNEYS'FEES;EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes,subject to any limits under applicable law,Lender's attorneys'fees and Lender's legal expenses,whether or not there is a lawsuit,including without limitation all attorneys'fees and legal expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay or injunction),and appeals. If not prohibited by applicable law,Borrower also will pay any court costs,in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action,proceeding,or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the State of Iowa without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Iowa. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of$15.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law,Lender reserves a right of setoff in all Borrower's accounts with Lender(whether checking,savings,or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However,this does not include any IRA or Keogh accounts,or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the debt against any and all such accounts,and,at Lender's option,to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. This loan is unsecured. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced,Borrower is not entitled to further loan advances. Advances under this Note,as well as directions for payment from Borrower's accounts,may be requested orally or in writing by Borrower or by an authorized person. Lender may,but need not,require that all oral requests be confirmed in writing. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lenders internal records,including daily computer print-outs. PURPOSE OF LOAN. The specific purpose of this loan is: LETTER OF CREDIT TO STORY COUNTY AND THE CITY OF AMES. UNSECURED GUARANTIES.FROM CHRISTOPHER GARDNER AND MARK DEYOUNG DATED 9/19/2016. ELECTRONIC DOCUMENTATION.The parties hereto agree that delivery of a signature page to, or an executed counterpart of, this document by facsimile, email transmission of a scanned image or other electronic means, shall be effective as delivery of an originally executed counterpart, and shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based record keeping sys7em, as the case may be, to the extent and as provided for in any applicable law PROMISSORY NOTE Loan No: 1109942 (Continued) Page 2 SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns,and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced,this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs,guarantees or endorses this Note,to the extent allowed by law,waive presentment,demand for payment,and notice of dishonor. Upon any change in the terms of this Note,and unless otherwise expressly stated in writing,no party who signs this Note,whether as maker,guarantor,accommodation maker or endorser,shall be released from liability. All such parties agree that Lender may renew or extend(repeatedly and for any length of time)this loan or release any party or guarantor or collateral;or impair,fail to realize upon or perfect Lender's security interest in the collateral;and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE,BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE,INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: THE IRONS,L.L.C. AA / �2f GY��jRi(�{ZBJ Mar 15,2021 /V/�K �Y� lA Mar 15,2021 By; �-hri-: ,i InerlMar 15,20.115:3S CDC By: Mark Be'/Dung(Mar 15,20 1355 CDT) Christopher M. Gardner, Member%Manager of THE Mark R.DeYoung,Membe6Manager of THE IRONS, IRONS,L.L.C. L.L.C. LENDER: SOUTH STORY BANK&TRUST Shane Brix XSh—B-(miRris.rz_i1, , (I Mar 15,2021 Shane Brix,SVPI Commercial Banker l.a 11.1-20A.11111 COP,.FI—I usnC gae,on,55v.W21. MI.g-R.I.— .W C10-11LFLIOID.FC TR-1—1 <1� BANK&TRUST CERTIFICATION OF BENEFICIAL OWNER(S) Principal Loan Date Maturity Loan No Call/Coll Account Officer Initials $119,492.64 03-15-2021 1 On Demand 1109942 0000103730-05 1 31 References in the boxes above are for use only and do not limit the applicability of this document to any particular loan or item. Any item above containing"`�"'has been omitted due to text length limitations. Persons opening an account on behalf of a legal entity must provide the following information: a. Name and Title of Natural Person Opening Account: Mark R.DeYoung,MemberItManager of THE IRONS,L.L.C. b. Name,Type,and Address of Legal Entity for Which the Account is Being Opened: THE IRONS,L.L.C.,Limited Liability Company;506 E 1ST STREET;HUXLEY,IA 50124 c. The following information for each individual, if any, who, directly or indirectly, through any contract, arrangement, understanding, relationship or otherwise,owns 25 percent or more of the equity interests of the legal entity listed above: Name lOwnership%Date of Birth jAddress(Res.or Bus.Street Address) Far U.S.Persons IFor Non-U.S.Personsz Christopher M.Gardner 50% 01-03-1980 103 Iron Dr,HUXLEY,IA 50124,USA 478-04-2997 Mark R.DeYoung 50% 06-05-1981 101 Iron Dr,Huxley,IA 50124,USA 485-04-6999 (If no individual meets this definition,please write"Not Applicable.") d. The following information for one individual with significant responsibility for managing the legal entity listed above,such as: []An executive officer or senior manager(e.g.,Chief Executive Officer,Chief Financial Officer,Chief Operating Officer,Managing Member,General Partner,President,Vice President,Treasurer);or N Any other individual who regularly performs similar functions. (If appropriate,an individual listed under section(c)above may also be listed in this section(d)). Name/Title jDate of Birth Address(Res.or Bus.Street Address) For U.S.Persons' For Non-U.S.Personsz Mark R.DeYoung, 06-05-1981 101 Iron Dr,Huxley,IA 50124,USA 485-04-6999 Member\Manager I,Mark R.DeYoung(name of natural person opening account),hereby certify,to the best of my knowledge,that the information provided above Is complete and correct,and on behalf of THE IRONS,L.L.C.,I agree to notify the financial institution of any change in such information. ` 'lv_k logywz? Mar 15,2021 By; ida,k oeYo,ms(Ma,15,20 to s Ccr) Mark R.DeYoung,Member\Manager of THE IRONS, Date L.L.C. U.S.Persons must provide a Social Security Number. zNon-U.S.Persons must provide a Social Security Number,passport number and country of issuance,or similar identification number.In lieu of a passport number,Non-U.S.Persons may also provide a Social Security Number,an alien identification card number,or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar safeguard. Legal Entity Identifier: (Optional) LaxRm.V.,20, 1-11 CW —11.USA C a non,55x.2021. S R.a.ry -iA C.N 1111/11/80 C 11a1e6 R " Voss, Diane From: Steve Domino <steve@bellahomesiowa.com> Sent: Monday, March 15, 2021 8:28 AM To: Voss, Diane Cc: Mark DeYoung Subject: LOC scan? [External Email] Hi Diane- We've experienced turnover with our banker at South Story Bank 8t Trust. They're struggling with the LOC template. Any chance you can scan and send us a copy of the existing LOC on file? They'll then copy/update it for you and the City. Thanks, Steve Domino I Bella Homes I c: 515-450-7574 .j 1 Voss, Diane From: Voss, Diane Sent: Monday, March 15, 2021 12:44 PM To: Mark DeYoung Subject: RE: FW: The Irons Mark: I sincerely appreciate your cooperation in getting the LOC renewed, hopefully by today. I totally understand your frustration caused by the lack of response from the City and met with the Public Works Director and City Attorney this morning to discuss the past history as outlined in your emails to me. The bike path is a high priority for our City Council members, and as such, its completion is being watched carefully. You have stated that the bike path will be completed "by summer." As you know, a partial completion of public improvements certification will be going to Council to lower the LOC by approximately$5,000 on March 23. 1 have been told that within that recertification letter will be a requirement for completion of the bike path by August 31, 2021. Do you believe that is a feasible date for its completion? Diane R. Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Mark DeYoung<mark@bellahomesiowa.com> Sent: Friday, March 12, 2021 4:56 PM To:Voss, Diane <diane.voss@cityofames.org> Subject: Re: FW: The Irons [External Email] Diane, I will get the LOC letter sent to you for the amount below. I'm very perplexed at the inconsistencies that I have been shown for this entire ordeal and I'm sure you would agree with that. The lists of items that I have been sent have never been matched with any plan, thus creating ambiguity.These items have only have been stated as a quantity which is 100% inaccurate. I will however continue to get you the requested information you request. Thanks On Fri, Mar 12, 2021 at 4:37 PM Voss, Diane <diane.voss cityofames.org>wrote: Mark: Voss, Diane From: Voss, Diane Sent: Monday, March 15, 2021 2:14 PM To: Mark DeYoung Subject: RE: FW: The Irons Thank you Mark. It's your decision whether to move forward with the reduction as it now stands; however, if the shared use path will be completed by August 31, 2021, (and would equate to $72,864), the reduction would be much larger and could justify a revised LOC, especially if you are charged for every revision to the LOC. Diane R. Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Mark DeYoung<mark@bellahomesiowa.com> Sent: Monday, March 15, 2021 1:51 PM To:Voss, Diane <diane.voss@cityofames.org> Subject: Re: FW: The Irons [External Email] Diane, Thank you for your understanding. I don't think there's really any reason to request a $5,000 reduction. Yes, we can use August 31,2021 as a completion date for the rest of the shared use path. Thanks On Mon, Mar 15, 2021 at 12:43 PM Voss, Diane<diane.voss@cityofames.org>wrote: Mark: I sincerely appreciate your cooperation in getting the LOC renewed, hopefully by today. I totally understand your frustration caused by the lack of response from the City and met with the Public Works Director and City Attorney this morning to discuss the past history as outlined in your emails to me. The bike path is a high priority for our City Council members, and as such, its completion is being watched carefully. You have stated that the bike path will be completed "by summer." As you know, a partial completion of public improvements certification will be going to Council to lower the LOC by approximately$5,000 on March 23. 1 have 1 Voss, Diane From: Beatty-Hansen, Bronwyn Sent: Wednesday, September 8, 2021 2:33 PM To: Schainker, Steve; City Council and Mayor Subject: The Irons path Hey all, As you may or may not remember, part of the agreement with the Irons to develop their lots at the country club involved building a bike path along George Washington Carver up to 190th.They have not completed the work in the timeframe that was allowed to them, so at the next council meeting during council comments, I will propose putting an item on the agenda to construct the path and assess them. If you have any objections or questions, please let me know. Thanks! Bronwyn 1 Voss, Diane From: Voss, Diane Sent: Thursday, September 9, 2021 9:34 AM To: Joiner, John Cc: Peterson, Tracy Subject: RE:The Irons Yes, I brought it to Steve's attention yesterday after I was cc'd on Bronwyn's email. He told me he was going to check with you as to the deadline for completion of the shared use path. I have many, many emails to Mark DeYoung about completion of the path; the last email from him indicated that the path would be completed in Spring 2021. Some of the path has been completed, and the LOC was reduced as a result- $72,864 remains for completion of the 5' PCC Shared Use Path—1,518 SY remains to be constructed. An interior sidewalk and a 4' PCC Sidewalk also still need to be completed. The total amount of the existing LOC is$119,492.64. Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From:Joiner,John <john.joiner@cityofames.org> Sent:Thursday, September 9, 2021 8:15 AM To:Voss, Diane <diane.voss@cityofames.org> Cc: Peterson,Tracy<tracy.peterson@cityofames.org>; Diekmann, Kelly<kelly.diekmann@cityofames.org> Subject:The Irons Importance: High Good morning, Diane! Do we still have a LOC on file?Steve forwarded me an email from Bronwyn that she's going to ask Council on the 141h to direct staff to install the bike path along Carver(the developer is 17 months overdue). Steve asked me for a status update. Thanks! P m le s - John C. Joiner, P.E. Director of Public Works AAMPO Administrator 515.239.5165 desk l 515.239.5404 fax i Voss, Diane From: Voss, Diane Sent: Wednesday, October 6, 2021 9:23 AM To: Peterson, Tracy Subject: FW: Quarry Estates LOC Tracy: Could you please check on the completion status* of the following to see if any may be reduced or released. LOC#138 Quarry Estates Post-Construction Storm Water Ordinance Security (filed in 2018) $4,000 Expires 10/30/21 LOC#139 Quarry Estates, 2nd Addition Conservation Management $9,000 Expires 10/30/21 LOC#141 Quarry Estates, 15Y Addition Sidewalks where houses are or have been constructed and punch list items $35,720 Expires 10/30/21 *Your status check done on October 30, 2020, on these three LOCs indicated that the City did not have as-builts on the stormwater management facilities and there were still sidewalks to be built as homes are built. Thank you! Diane R.Voss, City Clerk/Records Manager 515 Clark Avenue Ames, Iowa 50010 515-239-5105 diane.voss@cityofames.org From: Nathan J. Buss<nbuss@visionbank.com> Sent:Tuesday, October 5, 2021 2:58 PM To:Voss, Diane <diane.voss@cityofames.org> Subject: Quarry Estates LOC [External Email] Diane, Quarry Estates has 3 letter of credits that are expiring in October. Can you check to see if the need renewed and if so for how much? Letter of Credit#138, 139 and 141. Thank you, Nathan J. Buss I Vice President I Commercial Banker VisionBankO 1 Item No. 33 P m Sn7ort Choice Public Works Department 515 Clark Avenue,Ames, Iowa 50010 Phone 515-239-5160 ♦ Fax 515-239-5404 May 11, 2022 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: The Irons Subdivision Financial Security Reduction- Final Mayor and Council Members: I hereby certify that all paving, sidewalks, and shared used path pedestrian ramps required as a condition for approval of the final plat of The Irons Subdivision, have been completed in an acceptable manner by Extreme Concrete of Huxley,Iowa. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced in full., Sincerely, John C.Joiner, P.E. Director JJ/cc cc: Finance, Developer, Planning& Housing, Subdivision file Public Works Department 515.239.5160 neuin 515 Clark Ave.P.O.Box 811 Engineering 515.239.5404 I Ames,IA 50010 www,CityofA roes.org IIIIII�IINIIIIIIIIGIIQIIIInlllll��llllill.I�IIINllllli�llll�lllllllll�l�llllllplll '000000000001109942034503152021' SOUTH STORY BANK&TRUST DISBURSEMENT REQUEST AND AUTHORIZATION Principal Loan Date Maturity Loan No can f con Account Officer Initials $119,492.64 03-15-2021 On Demand 1109942 0000103730-05 31 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing"""'has been omitted due to text length limitations. Borrower: THE IRONS,L.L.C. Lender: South Story Bank&Trust 506 E 1ST STREET Ashworth HUXLEY,IA 50124 6139 Ashworth Rd West Des Moines,IA 50266 LOAN TYPE. This is a Variable Rate Nondisclosable Draw Down Line of Credit Loan to a Limited Liability Company for$119,492.64 due on demand. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: ❑Personal,Family,or Household Purposes or Personal Investment. ®Business(Including Real Estate Investment). SPECIFIC PURPOSE. The specific purpose of this loan is: LETTER OF CREDIT TO STORY COUNTY AND THE CITY OF AMES. DISBURSEMENT INSTRUCTIONS. Borrower understands that no loan proceeds will be disbursed until all of Lender's conditions for making the loan have been satisfied. Please disburse the loan proceeds of$119,492.64 as follows: Undisbursed Funds: $119,492.64 Note Principal: $119,492.64 BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS DISBURSEMENT REQUEST AND AUTHORIZATION AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. FINANCIAL CONDITION. BY SIGNING THIS AUTHORIZATION, BORROWER REPRESENTS AND WARRANTS TO LENDER THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND CORRECT AND THAT THERE HAS BEEN NO MATERIAL ADVERSE CHANGE IN BORROWER'S FINANCIAL CONDITION AS DISCLOSED IN BORROWER'S MOST RECENT FINANCIAL STATEMENT TO LENDER. THIS AUTHORIZATION IS DATED MARCH 15,2021. BORROWER: THE IRONS,L.L.C. By: _ „_;. Mar 15,2021 By: ,aarA.o,,o„ ,n _,s cc, Mar 15,2021 Christopher M. Gardner, MemberlManager of THE Mark R.DeYoung,Member\Manager of THE IRONS, IRONS,L.L.C. L.L.C. APPROVED AS TO FORM BY MARK 0. LAMBERT CITY ATTORNEY Ilgll II�Ilglllllgllllll II IIIIIgINlal�lglll�ll���lqlll'll IIII'III'Igllglllllq�l'��Iliqlllllll Illgll�lll '000000000001109942082003152021' MMSI H S4oRY BANK&TRUST NOTICE OF FINAL AGREEMENT Principal Loan Date Maturity Loan No Call f Coll Account Officer Initials $119,492.64 03-15-2021 On Demand 1109942 0000103730-05 31 References in the boxes above are for Lenders use only and do not limit the applicability of this document to any particular loan or item. Any item above containing""-"has been omitted due to text length limitations. Borrower: THE IRONS,L.L.C. Lender: South Story Bank&Trust 506 E 1ST STREET Ashworth HUXLEY,IA 50124 6139 Ashworth Rd West Des Moines,IA 50266 IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THE LOAN AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THE WRITTEN LOAN AGREEMENT MAY BE LEGALLY ENFORCED. PARTIES MAY CHANGE THE TERMS OF THE LOAN AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. As used in this Notice,the following terms have the following meanings: Loan. The term"Loan"means the following described loan: a Variable Rate Nondisclosable Draw Down Line of Credit Loan to a Limited Liability Company for$119,492.64 due on demand. Loan Agreement. The term"Loan Agreement"means one or more promises, promissory notes, agreements, undertakings, security agreements,deeds of trust or other documents,or commitments,or any combination of those actions or documents,relating to the Loan,including without limitation the following: LOAN DOCUMENTS Irrevocable Letter of Credit: 1109942 Promissory Note -Disbursement Request and Authorization Notice of Final Agreement Parties. The term"Parties"means South Story Bank&Trust and any and all entities or individuals who are obligated to repay the loan or have pledged property as security for the Loan,including without limitation the following: Borrower: THE IRONS,L.L.C. Each Party who signs below,other than South Story Bank&Trust,acknowledges,represents,and warrants to South Story Bank&Trust that it has received,read and understood this Notice of Final Agreement. This Notice is dated March 15,2021. BORROWER: THE IRONS,L.L.C. ckM�far)) ROW�Yot� By: c lla,'s. _'_:=- -D T. Mar 15,2021 1 ROW(—?spa;a.--- - Mar 15,2021 - Christopher M. Gardner, MemberlManager of THE Mark R.DeYoung,MembehManager of THE IRONS, IRONS,L.L.C. L.L.C. LENDER: SOUTH STORY BANK&TRUST Shane FYiX _ Mar 15,2021 Shane Brix,SVPI Commercial Banker 'llBll IIIII II Ili II Il�llall IIIIII�'�II�IIII'N�III I��IN�,III!IIIIII IIII I�'llll'lalllll'll�ll '000000000001109942095503152021' SOUTH 3TOQY BANK&TRUST PROMISSORY NOTE Principal Loan Date Maturity Loan No call/Coll Account Officer Initials $119,492.64 03-15-2021 On Demand 1109942 0000103730-05 31 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing'­'­has been omitted due to text length limitations. Borrower: THE IRONS,L.L.C. Lender: South Story Bank&Trust 506 E 1ST STREET Ashworth HUXLEY,IA 50124 6139 Ashworth Rd West Des Moines,IA 50266 Principal Amount: $119,492.64 Initial Rate: 5.250% Date of Note: March 15, 2021 PROMISE TO PAY. THE IRONS,L.L.C.("Borrower")promises to pay to South Story Bank&Trust("Lender"),or order,in lawful money of the United States of America, on demand, the principal amount of One Hundred Nineteen Thousand Four Hundred Ninety-two&64/100 Dollars ($119,492.64)or so much as may be outstanding,together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest;then to principal; then to any escrow or reserve account payments as required under any mortgage, deed of trust, or other security instrument or security agreement securing this Note;and then to any unpaid collection costs. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the base rate on corporate loans posted by at least 70%of the 10 largest U.S.Banks known as the Wall Street Journal U.S.Prime Rate(the"Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. Lender will tell Borrower the current Index rate upon Borrowers request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250%per annum. Interest on the unpaid principal balance of this Note will be calculated as described in the"INTEREST CALCULATION METHOD"paragraph using a rate of 1.500 percentage points over the Index (the "Margin"), adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.250% per annum. If Lender determines, in its sole discretion,that the Index has become unavailable or unreliable, either temporarily, indefinitely,or permanently, during the term of this Note,Lender may amend this Note by designating a substantially similar substitute index. Lender may also amend and adjust the Margin to accompany the substitute index, The change to the Margin may be a positive or negative value,or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this Note will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent of the Borrower. NOTICE: Under no circumstances will the interest rate on this Note be less than 5.250%per annum or more than the maximum rate allowed by applicable law. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/365 simple interest basis;that is,by applying the ratio of the interest rate over the number of days in a year(365 for all years,including leap years),multiplied by the outstanding principal balance,multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. RECEIPT OF PAYMENTS. All payments must be made in U.S.dollars and must be received by Lender at: South Story Bank&Trust Ashworth 6139 Ashworth Rd West Des Moines,IA 50266 All payments must be received by Lender consistent with any written payment instructions provided by Lender.If a payment is made consistent with Lender's payment instructions but received after 5:30 pm Central Time on a business day, Lender will credit Borrowers payment on the next business day. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased to 18.000%per annum. However,in no event will the interest rate exceed the maximum interest rate limitations under applicable law. LENDER'S RIGHTS. Upon Lenders demand, Lender may declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due,and then Borrower will pay that amount. ATTORNEYS'FEES;EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes,subject to any limits under applicable law,Lenders attorneys'fees and Lenders legal expenses,whether or not there is a lawsuit,including without limitation all attorneys'fees and legal expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay or injunction),and appeals. If not prohibited by applicable law,Borrower also will pay any court costs,in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action,proceeding,or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the State of Iowa without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Iowa. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of$15.00 if Borrower makes a payment on Borrowers loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law,Lender reserves a right of setoff in all Borrowers accounts with Lender(whether checking,savings,or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However,this does not include any IRA or Keogh accounts,or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the debt against any and all such accounts,and,at Lenders option,to administratively freeze all such accounts to allow Lender to protect Lenders charge and setoff rights provided in this paragraph. COLLATERAL. This loan is unsecured. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced,Borrower is not entitled to further loan advances. Advances under this Note,as well as directions for payment from Borrowers accounts,may be requested orally or in writing by Borrower or by an authorized person. Lender may,but need not,require that all oral requests be confirmed in writing. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrowers accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lenders internal records,including daily computer print-outs. PURPOSE OF LOAN. The specific purpose of this loan is: LETTER OF CREDIT TO STORY COUNTY AND THE CITY OF AMES. UNSECURED GUARANTIES.FROM CHRISTOPHER GARDNER AND MARK DEYOUNG DATED 9/19/2016. ELECTRONIC DOCUMENTATION.The parties hereto agree that delivery of a signature page to, or an executed counterpart of, this document by facsimile, email transmission of a scanned image or other electronic means, shall be effective as delivery of an originally executed counterpart, and shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based record keeping system, as the case may be, to the extent and as provided for in any applicable law PROMISSORY NOTE Loan No: 1109942 (Continued) Page 2 SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns,and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced,this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs,guarantees or endorses this Note,to the extent allowed by law,waive presentment,demand for payment,and notice of dishonor. Upon any change in the terms of this Note,and unless otherwise expressly stated in writing,no party who signs this Note,whether as maker,guarantor,accommodation maker or endorser,shall be released from liability. All such parties agree that Lender may renew or extend(repeatedly and for any length of time)this Ivan or release any party or guarantor or collateral;or impair,fail to realize upon or perfect Lender's security interest in the collateral;and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE,BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: THE IRONS,L.L.C. By. Mar 15,2021 By. _- ,__era,is.-,:_- -:;-- Mar 15,2021 Christopher M. Gardner,VMember\Manager of THE Mark R.DeYoung,MemberlManager of THE IRONS, IRONS,L.L.C. L.L.C. LENDER: SOUTH STORY BANK&TRUST Shane Hay X r,,_ .or, Mar 15,2021 Shane Brix,SVPI Commercial Banker BANK a TRUST CERTIFICATION OF BENEFICIAL OWNER(S) Principal Loan Date Maturity I Loan No I Call I Coll Account Officer I Initials $119,492.64 1 03-15-2021 1 On Demand 1109942 0000103730-05 1 31 References in the boxes above are for use only and do not limit the applicability of this document to any particular loan or item. Any item above containing" -"'has been omitted due to text length limitations. Persons opening an account on behalf of a legal entity must provide the following information: a. Name and Title of Natural Person Opening Account: Mark R.DeYoung,Member\Manager of THE IRONS,L.L.C. b. Name,Type,and Address of Legal Entity for Which the Account is Being Opened: THE IRONS,L.L.C.,Limited Liability Company;506 E 1ST STREET;HUXLEY,IA 50124 c. The following information for each individual, if any, who, directly or indirectly, through any contract, arrangement, understanding, relationship or otherwise,owns 25 percent or more of the equity interests of the legal entity listed above: Name Ownership%Date of Birth Address(Res.or Bus.Street Address) IFor U.S.Personsz IFor Non-U.S.Persons2 Christopher M.Gardner 50% 01-03-1980 103 Iron Or,HUXLEY,IA 50124,USA 478-04-2997 Mark R.DeYoung 50% 06-05-1981 101 Iron Or,Huxley,IA 50124,USA 485-04-6999 (If no individual meets this definition,please wnte'Not Applicable.') d. The following information for one individual with significant responsibility for managing the legal entity listed above,such as: []An executive officer or senior manager(e.g.,Chief Executive Officer,Chief Financial Officer,Chief Operating Officer,Managing Member,General Partner,President,Vice President,Treasurer);or N Any other individual who regularly performs similar functions. (If appropriate,an individual listed under section(c)above may also be listed in this section(d)). Namelritle Date of Birth lAddress(Res.or Bus.Street Address) For U.S.Persons' IFor Non-U.S.Personsz Mark R.DeYoung, 06-O i-1981 101 Iron Dr,Huxley,IA 50124,USA 485-04-6999 MemberlManager I,Mark R.DeYoung(name of natural person opening account),hereby certify,to the best of my knowledge,that the information provided above is complete and correct,and on behalf of THE IRONS,L.L.C.,I agree to notify the financial institution of any change in such information. By, ,- Mar 15,2021 Mark R.DeYoung,Member\Manager of THE IRONS, Date L.L.C. U.S.Persons must provide a Social Security Number. 2 Non-U.S.Persons must provide a Social Security Number,passport number and country of issuance,or similar identification number.In lieu of a passport number,Non-U.S.Persons may also provide a Social Security Number,an alien identification card number,or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar safeguard. Legal Entity Identifier: (Optional)