HomeMy WebLinkAboutA004 - Agreement for Grading of Streets, Installation of Sanitary Sewer and Other Utilities or Improvements dated February 24, 1970 AGREEMENT RE GRADING OF STREETS, INSTALLATION OF
SANITARY SEWER AND OTHER UTILITIES OR IMPROVEMENTS
THIS AGREEMENT made this 24th day of February , 1970 , by
and between City of Ames , Iowa, party of the first part, and Erben
A. Hunziker and Donald M. Furman, 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:
SEE ATTACHED SCHEDULE "A" ATTACHED HERETO
AND MADE A PART HEREOF CONTAINING THE
CORRECT LEGAL DESCRIPTION.
WHEREAS, the parties of the second part are in the process
of platting said real estate as Briadale Square, Ames , Iowa, and
the plat of the same, together with all supporting instruments ,
having been submitted to the City Council and the City of Ames ,
for approval, and
WHEREAS , the parties of the second part have not completed
the following operations:
Streets $38 , 350 .00
Sanitary Sewer 6 ,300 .00
Storm Sewer 500 . 00
$45 ,150 . 00
and it is desired by the parties hereto to make provisionsthere-
for and,
WHEREAS , second parties shall assume the responsibility
for the making of said improvements, and
WHEREAS , it has been estimated that the cost of com-
pleting said improvements will not exceed the sum of $45,150 . 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 $45, 150 .00 , conditioned on the
satisfactory completion of said incomplete improvements.
2 . That the said cashier' s check or surety bond of
$45,150 .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.
LAW OFFICES
PAYER & GIBBONS
AMES, IOWA 50010
-2-
3 . That upon the completion of all of the said improve-
ments to the satisfaction of the party of the first part, said
surety bond or cashier' s check in the amount of $45,150 . 00 shall
be released, surrendered and exonerated.
4 . That all of said improvements shallhe completed by the
parties of the second part within 12 months of the date of this
Agreement. In the event of the failure of the parties of the
second part to then 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 0 4 eI WA
By
J . CASTNER, City Manager
PARTY OF THE FIRST -PART
l i
T , �
_ >
Erben A. Hun iker
Donald M. Furman
PARTIES OF THE SECOND PART
LAW OFFICES
PAYER & GIBBONS
AMES. IOWA 50010
s ,
SCHEDULE "A"
A art of the South half of the Southeast Quarter (S2 SE4) of
Section 27 , Township 84 North , Range 24 West of the 5th p.m. ,
in the City of Ames , Story County , Iowa , described as follows :
Beginning at the Northwest corner of said South half of South-
east Quarter (SZ SE;) ; thence North 890 15 ' East along the
Northerly line of the South half of Southeast Quarter (S2 SEA, )
999 . 55 feet; thence South 00 03 ' 30" West , along the East line
of Lot 3 , North Park Subdivision, 667 . 09 feet; thence South 890
16 ' 30" West along the centerline of 30th Street , 748 . 7 feet , to
a point of beginning of a 246 . 86 foot radius curve concave to
the Northeast; thence .,ort`'-:westerly around said curve , 390 . 87
feet to a point of tangency ; thence North along the West line
of the South half of the Southeast Quarter (s2 SE',) , and along
the centerline of Hoover avenue a distance of 416 . 6 feet to the
point of beginning .
fi?
UNITED FIRE & CASUALTY COMPANY
CEDAR RAPIDS, IOWA
(A STOCK COMPANY) Bond No. 54-4562
KNOW ALL MEN BY THESE PRESENTS , That we , Erben A. Hunziker and Donald M.
Furman dba H 8 F Builders (a partnership) , of Ames , Iowa (hereinafter
called Principal) , and the UNITED FIRE 8 CASUALTY COMPANY, an Iowa Corp-
oration of Cedar Rapids , Iowa (hereinafter called Surety) , are held and
firmly bound unto the City of Ames , Iowa, a municipal corporation, as
Obligee in the penal sum of Forty-Five Thousand One Hundred Fifty and
no/100 Dollars ($45 ,150 . 00 ) lawful money of the United States of America,
for the payment of which whereof , well and truly to be made , the said
Principal binds themselves , their heirs , executors and administrators ,
successors and assigns , and the Surety binds itself, its successors and
assigns , jointly and severally, firmly by these presents .
WHEREAS , the above bounden, Erben A. Hunziker and Donald M. Furman dba
H 8 F Builders (a partnership) have asked for the approval of a certain
subdivision known as Briardale Square to the City of Ames , Iowa.
NOW, THEREFORE , if the above bounded, Erben A. .Hunziker and Donald M.
Furman dba H 6 F Builders (a partnershpp) shall construct streets and
sanitary sewer on Hoover Avenue beginning at N.W. corner of south half of
SE 1/4 section 278424 thence south to 30th Street including 30th Street
beginning at Hoover Avenue thence East to a point 149 . 3 feet east of
east line of Truman Place , Ames , Iowa, also Truman Place beginning at
Hoover Avenue and terminating at North line of 30th Street in Briardale
Square , Ames , Iowa, and pay a reasonable inspection fee therefore , all as
a part of the platting ordinance of the City of Ames , Iowa, all of which
to be completed within two (2 ) years from the date of acceptance of the
final plat by the City Council , then this obligation to be null and
void; otherwise to be and remain in full force and effect .
It is understood and agreed, however, that the liability of the Surety
hereunder shall not exceed (1) the penal sum hereof, or (2 ) the actual
cost unto the City of Ames , Iowa, for the completion such specified
improvements , should such costs be less than the penal sum hereof.
Dated at Ames , Iowa , this 23rd day of February, 1970 .
H 5 F BUILDERS (a p rtnership)
:By
By'iLL,L� /
UNITED FIRE 9 CASUALTY COMPANY
By
Attorney\in-Fact
f
UNITED FIRE & CASUALTY COMPANY
HOME: OFFICE - CEDAR RAPIDS, IOWA
Certificate of Authority Individual Attorney-in-Fact.
Rnotn 2[[ fen by tbeze3ore0entg, That the UNITED FIRE & CASUALTY COMPANY,
a corporation duly organized and existing under the laws of the State of Iowa, and having its
principal office in Cedar Rapids, State of Iowa, hath made, constituted and appointed, and does
by these present, makt-t constitute and appoint ............................. __.................... ................_.....................................
............... ...A.......1.s.n....G........Y4.ins.Q.r..,.....Ind.iui.dua.11-Y.-.....ax...............................................................................
Maynard L. Hansen, Individually
........................................................................._...........
........................................................................................------.....................................................................
of ............................................Cedar....Rapid.s.......Iowa.--..............................................................................................................---------........
its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign, seal and
execute in its behalf bonds,undertakings and other obligatory instruments of similar nature as follows:
..A.ny....and.... ....in....an...amount....nat._axce.ed.ing....Tiara....H.undr.ed...F.if.t.y....T.hnu.sand
and....no/_.1.0.0......(.5.25.L1.,.Q.Q.O....0.Q.1....Dol.lar.s..........The....autho.rity.....her.ehy.....g.ran ted....shal.l
..expire two (2.).....yearsfrom thedat .......... reofunless_.. r_. ..........,
. . .... ... . . .... . ,
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as
if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY
COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby
ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law
duly adopted by the Board of Directors of the Company.
"Article V—Surety Bonds and Undertakings.
Section 2.Appointment of Attorney-in-Fact. The President or any Vice President may, from time to time,
appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies
of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,
subject to the limitations set forth in their respective certificates of authority shall have full power to bind
the Company by their signature and execution of any such instrument and to attach the seal of the Company
thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and
authority previously given to any attorney-in-fact"
in witneoec Inereof, the UNITED FIRE & CASUALTY COMPANY has caused these
presents to be signed by its—President and its corporate seal to be hereto affixed this,....l9th
day of........... anuary.............................. 19-6.9.... UNITED FIRE'& CASUALTY COMPANY
(SEAL) SCOTT MCINTYRE, JR.
_................................................................................................................
State of Iowa, County of Linn, ss: President.
On this......191.h..........day of_.............J.axxgar.y................................................. 19...69, before me personally came
Scott...McIntyre-....Jr.......................
..........................
to me known, who, being by me duly sworn, did depose and say: that he resides in Cedar
Rapids, State of Iowa; that he is a—President of the UNITED FIRE & CASUALTY COMPANY,
the corporation described in and which executed the above instrument; that he knows the seal
of said corporation; that the seal affixed to the said instrument is such corporate seal; that it
was so affixed pursuant to authority given by the Board of Directors of said corporation and that
he signed his name thereto pursuant to like authority, and acknowledges same to be the act and
deed of said corporation.
(SEAL) ..........C......RICHARD EKSTRAND
... ..............................................................
Notary Public.
My Commission Expires......JulY 4.........................19.62...
CERTIFICATE
I, ...............
Richard J. Ehlinger ...........................]AXxi9v Secretary of UNITED FIRE &
CASUALTY COMPANY,Ido hereby certify that the aforementioned Power of Attorney dated....1-19-6.9
Allan C . Winsor, Individually; or Maynard L. Hansen
inbehalf of............................................... . ......... ................_,
is a true and correct copy and that same is still in force. Individually
In testimony whereof I have hereunto subscribed my name affixed the corporate se 1 of the said
23r Februar 7,0
Companythis............_.�ay of............ . .................Y 19....... .. . ..... .... .... . .... . ....
xtdt «.airy.
.tee
UND-3044b r SEAL