HomeMy WebLinkAboutA007 - Agreement Re Grading of Streets,Installation of Sanitary Sewer and Other Utilities or Improvements dated August 19, 1969 •
AGREEMENT RE GRADING OF STREETS, INSTALLATION OF
SANITARY SEWER AND OTHER UTILITIES OR IMPROVEMENTS.
THIS AGREEMENT made this /_0-day of � 1969
by and between the City of Ames, Iowa, party of the first part, and Phil Coy an
Sons, a partnership composed of Jack Coy and Richard Coy; Jack Coy, Richard
Coy and Broadmoor Enterprises, Inc. parties of the second part;
WITNESSETH:
That WHEREAS the parties of the second part own part of the real estat
described as follows, to-wit:
Beginning at the Northeast corner of the Southeast Quarter of
the Northwest Quarter, Section 34, Township 84 North, Range 24 West
of the 5th P. M. in the City of Ames, Story County, Iowa; thence South
890 31' West, along the North line of said Southeast Quarter of the
Northwest Quarter (also being the centerline of Twenty-fourth Street)
a distance of 1192. 6 feet; thence South 270 26' East, along the South-
easterly right-of-way line of Chicago & Northwestern Railroad, 188. 3
feet; thence North 780 15' East, 345. 4 feet; thence South 50 26' East
49. 45 feet; thence North 840 28' 50" East, 134. 9 feet; thence North
810 52' East, 60.1 feet; thence North 790 03' 15" East, 119. 9 feet;
thence South 270 23' 45" East 66. 0 feet; thence North 810 05' 10" East,
141. 15 feet; thence North 720 26' 45" East, 61. 2 feet; thence North
790 37' 25" East, 125. 85 feet; thence South 60 59' East 41. 6 feet;
thence North 890 31' East 448. 95 feet; thence South 840 20' 40" East,
75. 55 feet; thence North 890 31' East 77. 0 feet; thence North 830
30' East, 74. 7 feet; thence North 896 30' East, 434. 0 feet; thence
North 00 10' East, 150. 2 feet; thence South 890 31' West, along the
center line of Twenty-fourth Street, 1014. 5 feet to the point of beginning.
WHEREAS the partiesandthe County Auditor are in the process of plat-
ting said real estate, as Allenview Sixth 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 follow-
ing operations:
Street signs $ 60. 00
Sidewalks 5, 226. 00
$5, 286. 00
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 im-
provements will not exceed the sum of $5, 286. 00;
Page Two
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
$5, 286. 00, conditioned on the satisfactory completion of said incomplete im-
provements.
2. That said cashier's check or surety bond of $5, 286. 00 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 $5, 286. 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 months of the date of this agreement,
and said sidewalk shall be completed by parties of the second part within 24
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
B
J C ity Manager
Party of the First Part
•
i 0
Witness our hands this �day of 1969,
BROAD O9 ENTERPRTS INC. PHIL COY AND SONS
BY: BY:
ZRICZDBLISS, President CK COY, Vartner
BY -
JA K COY
RICHARD K. BLISS, Treasurer
RICHARD COY ELIZABETH E. COY
ET CHEN COY
RSCHBURG. REYNOLDS,
ULCHRIST, NUTTY &
SMITH
TORNEYS AT LAW -
iVa MAIN STREET
OMES,IOWA