HomeMy WebLinkAboutA004 - Agreement Re Grading of Streets, Installation of Sanitary Sewer and Ohter Utilities or Improvements dated December 30, 1964 t
AGREEMENT RE GRADING OF STREETS, INSTALLATION OF
SANITARY SEWER AND OTHER UTILITIES OR IMPROVEMENTS.
THIS AGREEMENT made this ;fie day of .' / 194
by and between the City of Ames, Iowa, party of the first part, and Phil
Coy and Sons, a partnership composed of Jack Coy and Richard Coy; Jack
Coy, Richard Coy and Richard K. Bliss, parties of the second part;
WITNESSETH :
That WHEREAS the parties of the second part are the owners of the
real estate described as follows, to-wit:
Commencing at the Southeast corner of the Southwest Quarter (SW 1/4) of
the Northeast Quarter (NE 1/4) of Section 34, Township 84 North, Range
24 West of the 5th P. M. , Story County, Iowa; thence South 890 12, West
1210. 0 feet; thence North 00 10' East, 174. 0 feet to the point of beginning;
thence South 830 56' West, 465. 7 feet; thence Northwesterly on a 231. 1
feet radius curve, concave to the Southwest and whose long chord bears
North 260 24' 40" West, a distance of 8. 0 feet; thence North 270 26, West,
38. 75 feet; thence South 620 341 West, 190. 0 feet to the East right-of-way
line of the Chicago and Northwestern Railway; thence North 270 26' West
along said right-of-way line, 477. 6 feet; thence North 620 34' East, 130. 0
feet; thence North 890 12' East, 67. 12 feet; thence South 270 26, East, 96. 9
feet; thence North 620 34' East, 120. 0 feet; thence South 270 26' East, 23. 35
feet; thence North 620 34' East 120. 0 feet; thence North 890 12, East, 67. 12
feet; thence South 270 26' East, 60. 15 feet; thence North 620 34, East,
120. 0 feet; thence South 270 26' East 95. 0 feet; thence North 490 06, 30"
East, 131. 8 feet; thence North 890 12' East, 87. 65 feet; thence Southeasterly
on a 234. 55 feet radius curve, concave to the Northeast and whose long
chord bears South 580 011 05" East, 25. 15 feet; thence South 610 051 25"
East, 13. 4 feet; thence South 270 54' 35" West, 90. 85 feet; thence South 00
101 West, 299. 0 feet to the point of beginning.
WHEREAS the parties of the second part are in the process of platting
said real estate, as Allenview Second Addition to Ames, Iowa, and the plat
of the same, together with all supporting instruments, .having been submitted
to the City Council of the City of Ames for approval, and
WHEREAS the parties of the second part have not completed the
following operations:
Streets
Street signs
Sidewalks
Street lights
HIRSCHBURG, REYNOLDS
GILCHRIST&NUTTY
ATTORNEYS AT LAW
300 MAIN STREET
AMES, IOWA
Page Two
and it is desired by the parties hereto to make provisions therefor and
WHEREAS, second parties shall assume the responsibility for the
making of said improvements; and
WHEREAS, it has been estimated that the cost of completing said
improvements will not exceed the sum of $ 14, 010. 00 ;
NOW, THEREFORE, IT IS AGREED by and between the parties as
follows:
1. That the parties of the second part shall deposit with the City Clerk
of the City of Ames, Iowa, a certified check or surety bond in the penal
sum of $ 14, 010. 00 , conditioned on the satisfactory completion of said
incomplete improvements.
2. That said cashier's check or surety bond of $ 14, 010. o0 shall
remain so deposited until the parties of the second part shall have completed
all of the improvements above mentioned to the satisfaction of the party
of the first part.
3. That upon the completion of all of the said improvements to the
satisfaction of the party of the first part said surety bond or cashier's check
in the amount of $ 14. 010. 00 shall be released, surrendered and
exonerated.
4. That all of said improvements, except sidewalk, shall be completed
by the parties of the second part within 12 minths of the date of this agree-
ment, and said sidewalk shall be completed by parties of the second part
within 4 months of the date of this agreement. In the event of the failure
of the parties of the second part to complete all of the said work as herein
agreed, the party of the first part may perform said work and recover the
cost thereof from the certified check or from the sureties on said bond posted
pursuant hereto.
IN WITNESS WHEREOF, this agreement is signed the day and year
first above written by the City Manager on behalf of the City of Ames, Iowa,
and by the parties of the second part.
CITY OF AMES, IOWA
By
R, City Manager
Party of the First Part
PHIL COY & SONS
By ` �
-ti
Partner
HIRSCHBURG, REYNOLDS 'JACK COY
GILCHRIST&NUTTY
ATTORNEYS AT LAW
300 MAIN STREET
AMES, IOWA
r � •
Page Three
RICHA COY f'
RICHARD K. BLISS
Parties of the Second Part
i
HIRSCHBURG, REYNOLDS
GILCHRIST&NUTTY
ATTORNEYS AT LAW
300 MAIN STREET
AMES, IOWA