HomeMy WebLinkAboutA006 - Public Improvements Contract dated January 28, 1997 PUBLIC IMPROVEMENTS CONTRACT
THIS IS AN AGREEMENT made by and between City and Developer upon the following
terms and conditions:
1. DEFINITIONS. When used in this Agreement,unless otherwise required by the context:
1.1. "City"means the City of Ames.Iowa, a municipal corporation existing under the
laws of the State of Iowa and located in Story County, Iowa, with a mailing ad-
dress of 515 Clark Ave.,Ames,Iowa 50010.
1.2. "Developer" means Dean E. Adkins and Janice R Adkins, with a mailing ad-
dress of 1157 Rose Ave.,Bagley,Iowa 50026.
1.3. "Agreement"means this instrument as signed by the parties.
1.4. "Subdivision"means Adkins Plat 1 in the City of Ames,Iowa.
2. CIRCUMSTANCES. City requires that Developer, as the owner of Subdivision, install and
construct at Developer's expense for the benefit of City certain public improvements as a
condition for approving the final plat of Subdivision.
3. PUBLIC IMPROVEMENTS. Developer shall construct and install within the Subdivision, in
accordance with the subdivision ordinance of the City,the following public improvements:
a sidewalk extending 77.56 feet along the north lines of Lots 1 and 2 of the Subdivision
and parallel to Ken Maril Road. Developer has satisfactorily installed a sidewalk on the
north line of Lot 3 of Subdivision. Developer has no responsibility to construct a sidewalk
between the northwest corner of the Subdivision and U.S. Highway 69 (a distance of ap-
proximately 180 feet, all of which crosses City-owned land).
4. TIME OF COMPLETION. Developer shall complete the construction and installation of all
public improvements specified in the Construction Plans within 24 months after the date of
this Agreement.
5. ENGINEERING SERVICES. The City's engineer shall review and approve all construction
plans and specifications for public improvements to be installed under this Agreement and
shall inspect all work performed by Developer under this Agreement.
6. SECURITY FOR COMPLETION. Developer shall deliver to the City prior to the City's ap-
proval of the final plat of the Subdivision a letter of credit issued to the City in an amount
not less than $2,000.00 by Rippey Savings Bank of Rippey, Iowa. The letter of credit
shall contain an enumeration of the public improvements required by this Agreement and
their costs as estimated by the City Engineer. The letter of credit shall contain the follow-
ing statement in completed form: "Rippey Savings Bank guarantees that if Developers,
Dean E. Adkins and Janice F. Adkins, do not complete the installation within two years of
the date of the Public Improvements Contract of the public improvements in accordance
with the terms of the Public Improvements Contract executed by the developer and the
City of Ames, the bank will make available to the City of Ames funds necessary to com-
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PUBLIC IMPROVEMENTS CONTRACT Page 2 of 2
plete the installation of the public improvements, but not to exceed $2,000.00." In the
event Developer fails to perform this Agreement in a timely manner in accordance with its
terms, City may complete installation and construction of all public improvements pro-
vided for by the terms of this Agreement and recover the cost thereof from Developer and
from the bank under the letter of credit.
7. ATTORNEY FEES AND COSTS. In case of any action or proceeding initiated by either City
or Developer to enforce or protect their respective rights under this Agreement, the pre-
vailing party shall be entitled to recover, to the extent permitted by law, reasonable attor-
ney fees, court costs and other expenses advanced to enforce or protect the prevailing
parry's rights under this Agreement.
8. NOTICES. Unless otherwise required by law, any notice or demand required or permitted
by the terms of this Agreement shall be sufficient and deemed complete when expressed in
writing and either(a)personally delivered to the person entitled thereto, or(b) deposited at
any office of the United States Postal Service in the form of certified mail addressed to the
last known mailing address of the person entitled thereto, or (c) served on the person enti-
tled thereto in the manner of an original notice under the Iowa Rules of Civil Procedure.
9. SUCCESSORS BOUND. This Agreement shall be binding upon and inure to the benefit of
the respective successors and assigns of all parties executing this Agreement.
10. INTERPRETATION. Words and phrases used in this agreement shall be construed as in the
single or plural number, and as masculine, feminine or neuter gender, according to the
context. This agreement shall be governed exclusively by and construed in accordance with
the laws of the State of Iowa. The paragraph headings in this agreement are for conven-
ience only and in no way define or limit the scope or intent of any provisions of this
agreement. This Agreement may be executed in any number of counterparts, each of
which shall be regarded as an original and all of which shall constitute but one and the
same instrument.
IN WITNESS OF THIS AGREEMENT City and Developer have executed this instru-
ment on the 28 day of January, 1997.
CITY OF AMES, IOWA
By 42.4 0, �� By �n LCA
Public Works Director Sandra L. Ryan, City Jerk
DEAN E. ADKINS J CE F. ADKINS
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