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Home My WebLink AboutA002 - Contracts with Cranes brought in by Howard Davis CITY OF AMES MUNICIPAL BUILDING AMES, IOWA JOHN M. CARPENTER CITY MANAGER August 18, 1953 Mr. J. W. Prather City Clerk Ame s, Iowa Subject: Contracts brought in by Mr. Howard Davis Dear Mr. Prather: The Council had directed that Mr. Howard Davis bring in the contracts he has with the Cranes to determine for Council who owns the land proposed to be rezoned north of the Ames Trailer Park. Since you were on vacation, I had copies made of the contracts and you will find them enclosed. In the interim I have made arrangements for Mr. Rex Gilchrist to study these contracts so that he can be in position of advising Council on this point. Very truly yours, �� )I( A ohn M. Carp ter City Manager JMC:dml Encl. rITIM M>Q CO2fTSItQ? Tantrart IB AZVWU OF AGZZIMCICNT made and entered into this_---_7----------day of-__ p I"I I -_--__.-______---__, A. 1). lt6.8-, i Robert S. Crane , Mar Crane Douglass by and between.---------- — ------------------------_ - ------------------------of-_ ------Story------------County, ant Helen Eq Harsh( Helen Crane Harsh) Iowa, party of the first part, and-----------Ho-Jar-__ri.-_DwyJ.B---------------------- Star County, Iowa, party of the second part. wIrmsoTB That in consideration of the stipulations hereinafter contained, the said first party hereby sells unto the said second parts i the real estate situated in the County of____-_a4'tV r-y--.._-___-___..______-. State of Iowa,described as follows, to-wit: ---------------Beglnning_at--a-po-int bCL .4 feet_ Err>at_ n theSi_ c�rner_ 11f the S$j- ----- Af SestiE,n 5-83- 4 ,r8&t -nf - the- 5-th -the�ce__Eas 178 _ set, _the_nce r`t f e0t Smuth2gg+-feet , thence hest.1 M o -------- • - - the.--pa int--of_-hegiiwing.--- L11._ x.' tA4s -City ff_AMjPAf- - - -.----------- - - ------------------------------ ----- . - ---- ------- -- - -- __ ---------- ------ -- - ----------- -- - - - ------------------ --------------------------------------- ------ ---------- -------- ------ - - - - - - - --- ----- - ---- ------ ------------------------------------------- ---------------- - for the sum of____-Th1rty_ -----_ ------------------------_--- -- ---Dollars, (g-- -rQC0,CC) which said second party--- promises and agrees to pay at the times and in the manner following, to-wit:__--_____-.______-___ I _Thre a--th*_ur,and------------ ---- -Dollars, (S 3_,000.00. __.- _.) cash, the receipt of which is hereby acknowledged and i --------------Bal.aaae -Of --- ------ ; - - 3,hQD�QO__due. _anrl _ ' � this date. � P-iU'able__ARx-�.7.-?-►-_19�9_in ei hfi rest_ unti_1 _sfte ------------- $--3,r-OO.0A--plus-.intereat hies .and _pay_01e APTJ1 _t, _.19b0_._ __-- -----__The-.balance_with-tatereist-1s-_ due,, ail_ Ps4a► __ _ -- _8___-_p-h>tymetita rn �gr_il__7-_e_ach-year_ bI_e)rar�%roAx?;+XuXxXXXXXXxXX7CXxXXJCXXXX7UCX OMNImo�n xx)M=.XXJLXX=YXJLXXXX)=XZ,.XXXXXXXXXX.X-X—%ntiI the amount shall be paid with interest on ,10QQ---------from---Ur.l.l--7-, -1959---- -------------------, 195g, at the rate of----5-------per cent Cppeerr annum, payable at____________Atb�e$_,__1awA.---_------------------------------------------and it is understood and agrewl t if any payment,as herein called for shalt remain unpaid for a period of thirty days after due,then interest on the whole balance remaining I ; 3tie Bret party,diall begin to run at the rate of__'r'_--per cent per annum,dating from the date when said payment was due, and shall continue at that rate until all arrearages are paid, after which, the rate shall be as originally agreed upon, and time is the essence of this contract. All waounts paid shall be applied in reduction of the principal except that the interest shall be first deducted, said interest being com- puted on the balance remaining unpaid at the end of each six months period, beginning with this date. First party will pay all general taxi% i i due on this property during the year---1,957___, second party thereafter. Possession of said above described premises to be given to said second party on the___!___day of---A,P 11___.__. _ A.D. iw$_, i Is sen.ideration of the foregoing covenants and agreements,mid party of the second part hereby promises and agrees and obligates h+—,,ar.�itbh 6 f&rttatdpr&mianethe&amof__m in E t__thauato ------__ to vV `Llrb:°�a/,1Qn.to ray t�I C gala Dollars a ' �J(J 1 iat W tams sad is the manner heroin a ere se forth, mess party hereby further&grow and obllpts himself,his heir.and assigns,that all Improvements placed upon i said iwomims,or now thereon,shell not be removed or destroyed until final payment for said premises;and that he will ppunctually pay said sums of money,principal and Internet,_ an specified and prbmpUy,u the same becomes due,and that he will pay all takes and sssemlats which may be lawfully levied and amsed upon said presalase,before the same shall become delinquent;and in case of failure to pay such taxes and mossements,within thirty days after the same shall become dell nquent,fir.t i ! j party mayat his option pay the same,and recover the amount so paid,from the second party together with interest thereon at the rate of...7---per rent per annum and fa rise a(such faiture may,at his option,declare all of the purchase price of said premiss due and collectible at once,or may declare all of the rights of said second party is and to said premises,under and by virtue of this contract forfeited. It is also understood and agreed_-_ hilt___t;dle X_ r.S t__.P 9tr t -------- shall' shall -have_-until_-June__i-,I95-8-_to__remove-_ ttie gr. ainery t 2__1- ieis ,and eras" �Ir�t�exa]._frQm__tne-_Propes_ty. i> lhur__ gree treat a thi in__the_ i b � n&__ -- wayyof_ construction w 11__ _e m�ve1 at once. l --- ------------ --------- ------------------------------------------------ --------- It f.mutually uadantood sad agreed by and between the parties hereto,that In cue said second party his legal representatives or amigna,shall ppaay said rums of m.Mgr, pci�oipal and Intsrad,punctually,as the same shall become due,and strictly and literally perform,oil and singwar,the covenants and agreements herain contained seaord- f to their true tenor and intent,then the first party shall,at his own proper cost and expense,execute and deliver, unto said nomad party his heirs or assigns,a good and sufficient deed,conveying said promisor in fee simple,with ordinary covenants of warranty,subject,however,to all tales and amomments,and to all liens and eneumbranoss j imposed ow said Promises by said meond party or his assigns,subsequent to the date of this contract,and to furnish said second party with merchantable abstract of title is ego"wwdmc It is also hereby mutually understood and agreed that in tyre the second party shalt fall to make the payments aforesaid,or an of them,principal or interest,or shall kv to pay the tars and asosnements upon said premiss,punctually,and upon the strict terms and tiros above stated,or shall fail to perform,complete and carry ont all of his reoseas�,covenants and stipulations,contained in this contract,strictly and literally.without an failure or default,time being raada the ssance of this fro.'=, i• � aa��k the first party*hall have the right to declare this agreement null and void, and all rights of the said second party under thin agreement,or is sad to aaY ins,lortslsed and of no offoct whatever. And all rights of the semnd part hereby erwted,or then existing,shall utterly oerw and doterminei and the premium hsrahr osftrsetsd a4sli revert sad revest in aid first party:and in case s forfeiture or�thu contract u dsedared for a tat a of the second party to perform any of the coven- auto or spro amau harsh soa6ained,second party shall have no right for re,�amation or compensation for moneys paid,or Improvements made:but the same shall be con- sliesed p rent for the ire of said premiss,and atoll vest absolutely in the first party;second party hereby waiving,surrendering and miessiag any right of aetion he m*bt ne vs, recover the noosed paid or the value of improvements made. It being understood and agreed that in ease of a forfeiture of this eontraM,the title to laid yet Mlra►e Impnwments thwasei and W moaprs paid thmon aball vat absolutely,fully and perfectly In sold first party to the elms"tent m though thls contract had Irw It iseft further mutually understood and sgreed that If the first party shall elect to declare a forfeiture of this contract,that thirty days'notice In writing,delivered to the nomad party&hail be the only antics,required of such election. It li further understood Lad agreed that if a forfeiture of this contract is declared by the first party,second party shall and will,without further notice of any Idnd j i pit and ourrsxdw the posmosion and occupancy of said premises,and in case of failure so to do,shall be considered an■tenant holding over after the termination of ssiz Isro,and may be removed therefrom by action in forcible entry and detalner,upon three days'notice to quit. All statutory notice to the contrary nntwithstanding. WfTNF:ae our }sands the day and year first above written. WITNESS - - --fir e - -S-, L — —— Afie a I ————- ———— ——-— _ � I _- -------- ---------------------------------------------- -----_ ___ `- rt /" -L�' "f' ---------r---- O 3 PAGE s� Ins t r. #4136 F! 3 s 04'b -- qW LARD OONT ACT sego act s ilea Tantrart TMM ARTICLE or AQ&RAMENRT made and entered into this---_Zrt-------day of_____kALT!•=a- ----------------- A, D. 19-68, , I jby and between_Rgblert__Ra__Crune_,__kary__-Crane-Df)V-9lit►$A--------of_____Stary-----------------County, i ant Helen E. Harsh fi 1 Iowa, party of the first part, and----liQyf11.T-4t_JJ.__DAO1-@_______________________________of-------$tFf2`y--------------_---- County, Iowa, party of the second part. I pTJ!)d11382= That in consideration of the stipulations hereinafter contained, the said first party hereby sells unto the said second part the real estate situated in the County of____._ .,9 t OT jf______..___-.___-__ . - .____, State of Iowa, described as follows, to-wit: ----- ---- -- --- ---- ---------- + __-___ -Beginning._at a_-pnint _F-i-ve_ H _undred_ .�o 5102_� __�'eet _East_ and TwM -hundred MXteen_(.216) _Feet -Korth nf- the-..SW- enrnes _of- the_.SX .cif S_eetinn 5�Q3-24 -psi-t--Qt--tY�e--nth F,-�-,- Inrusr,- tusnce--�lEst .15D _feet,__thenne__I��rth h0__fe®tt ' 1 _the.nce--Meet--322.4- feet along-_the_-north line.-of _the Edge_wcond Ad_littem,_ VIC448 horth-2& -feet, feet along LLe .south line of the ( _a1Ley_�l�_ Edgexffeod- -5_th_Al�itio�n_. .the_�ee .Beuti: 60, 9 feet mire or_ leee--t-n--the ' ---------------------------------------- -- --------- -- --- ------ ---- --- I for the sum __ZWOi _-hen.fir_e_d__a A_F.IftJ(_.____________________.._-___ Dollars, (E_a .250.• C0 which said second part_j/__ promises and agrees to pay at,the times and in the manner following, to-wit:__________________ _-___.-..___.__ _-�twn__"o,us-ala&____ _-_______ --_--Dollars, (3. 2+000.G 0_ __ ) cash, the receipt of which is hereby acknowledged and -tiie �JA� c6 � 11. eaz' __1�a _ fel.lews ;- - $1259.CG Varch--1_,1959__plus interest �1250�pQ 2 arch_111 62 plus inter t �125G,00_Ma.rch 1t_ 1960 plus interest �1250eOG _�erch_ 1,1963 plug inter t -_--- ---11250.00 M&rch_.1, 1961. BMus__ nteres-t _ y �d�r�yy� — — x — — -- - ----*1 447h`titbl r X �i tV -------------- __ _. __ ___________ _ ---------------- until the amount shall be paid with interest on _ $6,2150-.00-------from----Mar.cll--3------------------------------------------- 1i15fl, at the rate of-- --.6-- -1wr Bent i per annum, payable at------A1IIe8_,_-IOl�la_nn_Marnh_1axt.- - ------------___--------------and it is understood and agreed I tlaat if any payment,as herein called for shall remain unpaid for a period of thirty days after due, then interest on the whole balance remaining { due first party,shall begin to run at the rate of-7 .-__per cent per annum,dating from the date when said payment was due, and shall continue at that rate until all arrearages are paid,after which, the rate shall be as originally agreed upon, and time is the eawrice of this eontract. All amounts paid shall be applied in reduction of the principal except that the interest shall be first deducted, said interest being mmn- ted on the balance remaining unpaid at the end of eaoh six months period, beginning With this date. First ( ! �i par g P I � g party will pay all general tu.an due on this property during the yrar195.7__ — second second party thereafter. Powession of aid above described premises to be given to said second party on the ._3rfllday of- _Z arah. . A. D. 19 5 I 1 In consideration of the foregoing covenants ands agreements,said party of the second part hereby promisee and agrees and oblicates Wuuself,Ai/n at heirs end &v—u. pay for said praaless the sure of----- w Qs-Q------------------------ ---------- -- -- _ - ---Dollars(1t._� J.Os�C at the time and to the manner hereinbefore set forth,said second party hereby further agrees and obligates himself,his heirs and assigns,that W Improvements placed aywh said pramlss er now thereon,shall not be removed or destroyed until final payment for said promises:and that he will punctually pay said sums d,f meow,prineipa:and interest,sa above specified and prbmptly,as the same becomes due,and that he will pay all taxes and&comments which may be lawfully levied and sesssed upon said i promises,before the same shall become delinquent;and in case of failure to pay such taxes and wssments,within thirty days after the same,►all become delinquent,first ; F=m at his option pay the same,and recover the amount so paid,from the second party together with interest thereon at the rate of__7___.per ant per annum and i is ewe of such failure may,at his option,declare all of the purchase price of said premises due and collectible at once,or may declare all of the rights of said second party �I I in sad to said premiss,under and by virtue of this contract forfeited. It is also understood and agreed_.__ - _.-__-_____. _1_e _*t-- the discretion_ of the seoond party. ______2.- An__estaenent__1; i__Ilinaaln-_',`ia�f__lox---the---c-anctru_c.t_i_o�,__o�'__.>�_ �KX�it ry- QwQ� i ---by---t,.e---l$-4__�nx'_ties---a- o-4--demand.----In-_ ---_turn 2'�tr tt.is ,�ri- __,.__._Y-ilege__the__let__par_tie.l�_.shall-_liest_e---t.t e__r_ight_ of---c_o_nne_CtIr,-a -tQ_-_th.i_q-_eew e --._----3,-_2-jae---a�ecand--pax-ty. -s-hall _have _tie---r_).ght.-�f--1�Get►Bi_e_arp►1_.1agress fr(Nm -----_ZLlac� a-=�Ii>1y to---tbe- -&1.1ey_-for.._the..,p_uz�pQse___Qf__,m_QV_i_n �n-_txailorgj------------- j ' It to mutually understood and agreod by and between the parties hereto,that in case said second party his legal representatives or assigns,shall ppay said sums of money, nrindpal and Internet,punctually,ne the same shall become due,and strictly and literally perform,all and einguisr,the covenants and agreements toy contained accord• f ffaag�to their true tenor and intent,then the first party shall,at his own proper cat and expense,execute and deliver unto said second party his heirs or asolgns,a good and sMcient dead conveying said aremlsne in fee simple,with ordinary covenants of warranty,subject,however,to all taxes and assessments,and to all liens and encumbrances it lampooned d premLs by w3idd second party or his asigns,subsequent to the data of this contract,and to furnish said second party with merchantable abstract of title to iam It is also hereby mutually understood and agreed that in case the second party shall fail to make the payments aforsatd,or any of Usem,prindpal or interest,or,bell 4! 1 fail to pay the taxes and adsarments urn s n said promises,punctually,and upon the strict terms and times above stated,or shall fail to perform,complete sad carry aut cloti of his agreements,covenants Lod stipulations,contained in this contract,strictly and literally,without any failure or default,time belt'made the omens of thss.entrasl and agrossasat, then the first party shall have the right to declare this agreement null and void,and all rights of the said second party Wider this agrsment,or is and to 1 said prembss,larfefted and of no effect whatever. And all rights of the second party hereby created,or then extsting,aball utterly and determine;and the premlene K hereby contracted shall revert and rev.at in said first party;and in case a forfeiture of this contract is declared for a f we of the second party to perform any of th*sever eats or agrermaear LasaM contained,second party shoal have no right for reclamation or compensation for moneys paid,or Improvements made;but the same shall be eon- ddered a•teat for the use of maid premises,and Bail vest absolutely in the first party;second party hereby waiving,surrendorWg and releasing any right of action he might ng i or saw Anew to recover the m or paid the value of improvements made. It bins un-lerawod and agreed! that la as of a fc.rfdture of this egatract,the title to said rgWesb�and provems on ses there and all moneys paid thereon shall vest aboolutely,fut'y aad perfectly in said am party to Use same extent as thwgh this contract had er It being further muinsal4 understood and agreed that It the first party shell elect to declare a forfeiture of this contract,that thirty days'notice in writing,delivered to the sueosd party shall be the only notice required of such election. It is further understood and agreed that if a forfeiture of this contract is declared by the first party,second party shall and will,without further notice of any case kind, l quit and surrender the possession and oceupancp of said premises,and In se of failure so to do,shall be considered as a tenant holding over after the termination of said i lease,and asps be removed therefrom by action in forcible entry and detainer,upon three days'notice to quit. All statutory notice to the contrary notwithstanding. ' WITNESS vur hands the day and year first above written. _.� :�. ----------------- I :