HomeMy WebLinkAboutA007 - Agreement Re Grading of Streets, Installation of Sanitary Sewer and Other Utilities or Improvements dated March 28, 1972 16
AGREEMENT RE GRADING OF STREETS, INSTALLATION OF
SANITARY SEWER AND OTHER UTILITIES OR IMPROVEMENTS.
THIS AGREEMENT made this 28th day of March 1972,
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 Broadmoor Enterprises, Inc. , 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 Northeast corner of the Southeast Quarter
of the Northwest Quarter (SE4NW4), Section 34, Township 84
North, Range 24 West of the 5th P. M. , Story County, Iowa;
thence Westerly along the North line of said Southeast Quarter
of the Northwest Quarter (SE INW4), 1 ,192. 6 feet; thence
South 270 26' East along the East right-of-way line of the
Chicago and Northwestern Railroad, 188. 3 feet; thence North
78' 15' East, 345. 4 feet; thence South 5° 26' East, 49. 45 feet
to the Southwest corner of Lot 3, Allenview 6th Addition to
Ames, Iowa, and the point of beginning of tract herein described;
thence North 84' 28' 50" East, 134. 9 feet; thence North 81' 52'
East, 60. 1 feet; thence North 79' 03' 15" East, 119. 9 feet; thence
South 27' 23' 45" East, 66.0 feet; thence North 81' 05' 10" East,
141. 15 feet; thence North 72' 26' 45" East, 61. 2 feet; thence
North 79' 37' 25" East, 125. 85 feet; thence South 6° 59'East,
41. 6 feet; thence South 27' 26' 25" East, 471.7 feet; thence South
38' 05' 15" West, 59. 4 feet; thence South 550 21' 25" West,
127. 2 feet; thence South 27' 26' 25" East, 8. 5 feet to the point
of beginning of a 294. 55 foot radius curve concave to the Northeast;
thence Southeasterly along said curve, an arc distance of 69.7
feet; thence South 49' 06' 30" West, 131. 8 feet; thence North
270 26' West, 95. 0 feet; thence South 62' 34' West, 120.0 feet;
thence North 27' 26' West, 60. 15 feet; thence South 890 12' West,
67.12 feet; thence South 62' 34' West, 120.0 feet; thence North
270 26' West, 728. 35 feet; thence North 50 26' West, 10. 55 feet
to the point of beginning.
WHEREAS the parties of the second part are in the process of platting
said real estate, as Allenview Seventh 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 $ 8, 000, 00
Sidewalks 5, 200. 00
Street lights 2, 700. 00
and it is desired by the parties hereto to make provisions therefor, and,
s
Agreement Page Two
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 $15, 900. 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 $15, 900, 00, conditioned on the satisfactory completion of said incomplete
improvements.
2. That said cashier's check or surety bond of $15, 900. 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 $15, 900. 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 AME , IOW
BY (�
J C R, City Manager,
Party of the First Part
BROAD ENTERP ISE INC. PHIL COY & SONS
BY BY a-,,, 4 -f- C��
RICHA K. BLISS, e ent Partner
A
BY � �► '
RICHARD K. BLISS, Treasurer JA K COY
ICHARD COY