HomeMy WebLinkAboutA007 - Agreement for Public Improvements dated April 14, 1998 Instrument prepared by:
Barry J. Nadler, 105 S. 16th Street, Suite B, Ames, IA 50010; (515) 232-4224, ext. 287
AGREEMENT FOR PUBLIC IMPROVEMENTS
THIRD ADDITION, BENTWOOD SUBDIVISION IN AMES, IOWA,
A REPLAT OF OUTLOT X, SECOND ADDITION, BENTWOOD
SUBDIVISION, AMES, IOWA
THIS AGREEMENT is made this /7' day of 1998, by and
between H & F BUILDERS PARTNERSHIP, an Iowa general partnership ("Owner") and the
CITY OF AMES, IOWA, a municipal corporation ("City"), WITNESSETH:
WHEREAS, Owner is in the process of platting real estate to be known as Third
Addition, Bentwood Subdivision in Ames, Iowa, a Replat of Outlot X, Second Addition,
Bentwood Subdivision, Ames, Iowa; and
WHEREAS, Owner is required to construct certain improvements within the
proposed subdivision and to pay reasonable engineering and inspection fees therefor, all as part
of the platting procedures of the City of Ames, Iowa,
NOW, THEREFORE, in consideration of the premises and the approval of the
said plat by the City of Ames, Iowa, it is hereby AGREED that Owner shall deposit with the city
a letter of credit in the sum of One Hundred Twenty-Two Thousand Four Hundred Dollars
($122,400.00), conditional upon the completion of the street and street light construction, to be
completed within one (1) year from the date of the approval and filing of the Final Plat, in
r 1
accordance with the plans and specifications therefor within said subdivision as required by the
City.
IT IS FURTHER AGREED that the City reserves the right to construct said
improvements in the event that the Owner fails to timely do so and to cover the costs thereof
with the certified check or the surety bond, as the case may be.
IT IS FURTHER AGREED that upon satisfactory completion of said
improvements, including the payment of reasonable engineering and inspection fees therefor, the
letter of credit shall be released and exonerated and returned to Owner.
Executed in duplicate the date and year set forth opposite the respective signatures
of the parties.
H &F BUIL S PARTNE HIP
(Date) ben A. H iker, r14
S/---/c� - `l�' By:
(Date) Donald M. Furman, Partner
OWNER
CITY OF AMES, IOWA
(Date) Paul D. Wiegan , P.E., Public Works
Director
Approved as to form and content:
Alin R. Klaus,
Ames City Attorney
STATE OF IOWA )
ss:
COUNTY OF STORY )
On this �day of 1998, before me, the undersigned, a
Notary Public in and for the State of Iow , personally appeared Erben A. Hunziker and Donald
M. Furman, to me personally known, who being by me duly sworn, did say that they are partners
of H & F Builders Partnership, an Iowa general partnership, and that the instrument was signed
on behalf of the partnership by authority of the partners and the partners acknowledged the
execution of the instrument to be the voluntary act and deed of the partnership by it and by the
partners voluntarily executed.
MY C MMMICN Notary Public in and for the State of Iowa
STATE OF IOWA )
ss:
COUNTY OF STORY )
On this day of 1998, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Paul D. Wiegand, to me
personally known, and who, being by me duly sworn, did say that he is the Public Works
Director for the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the
corporate seal of the municipal corporation; that said instrument was signed and sealed on behalf
of the corporation by authority of its City Council; and that Paul D. Wiegand acknowledged the
execution of this instrument to be his voluntary act and deed and the voluntary act and deed of
the municipal corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa