HomeMy WebLinkAboutA011 - Agreement with Subdivision Developers - Streets, Sidewalks and Other Public Improvements dated October 18, 1994 1
AGREEMENT WITH SUBDIVISION DEVELOPERS AS TO STREETS,
SIDEWALKS AND OTHER PUBLIC IMPROVEMENTS PERTAINING TO
COCHRANE'S SECOND ADDITION TO AMES, IOWA
THIS AGREEMENT is made this 1�day o , 1994, by and
between the CITY OF AMES, IOWA (hereinafter called "City") ; and
EVERETT W. COCHRANE and MARJORIE L. COCHRANE, husband and wife, and
MORTENSON II, A LIMITED PARTNERSHIP, their heirs, successors and
assigns (hereinafter called "Developers") ;
WHEREAS, the Developers are the owners of certain land within the
City described as:
All of the Southwest Quarter of the Southwest Quarter
(SW4-SW4) of Section 8; EXCEPT that part deeded to the
State of Iowa by virtue of a Warranty Deed recorded in
Book 103 at Page 529 in the Office of the Recorder of
Story County, Iowa; AND all of the West-half of the
Northwest Quarter (W' -NW4) of Section 17, lying northerly
of that part acquired by the State of Iowa for Highway
No. 30 by virtue of a Warranty Deed recorded in Book 103
at Page 476 in the Office of the Recorder of Story
County, Iowa; all in Township 83 North, Range 24 West of
the 5th P.M. , Story County, Iowa; more particularly
described as follows:
Beginning at the Northeast (NE) Corner of the Southwest
Quarter of the Southwest Quarter (SW4-SW4) of Section 8,
Township 83 North, Range 24 West of the 5th P.M. , in the
City of Ames, Story County, Iowa; thence S 00009131" W,
1, 318.84 feet along the East line of the SW4-SW4 of said
Section 8; thence S 00027145" E, 350. 84 feet along the
East line of the W4-NW4 of Section 17 (to a point 125
feet radially distant northeasterly from the centerline
of Relocated Primary Road No. U.S. 30) ; thence
northwesterly, concentric with said centerline and along
a 3, 695 foot radius curve, concave northeasterly, an arc
distance of 502 . 69 feet (the long chord bears N 73015107"
W, 502 .31 feet) (to a point 125 feet radially distant
northeasterly from the centerline at Station 1533+01.73) ;
thence N 68021101" W, 196.73 feet (to a point 125 feet
radially distant northeasterly from the centerline at
Station 1531+01.73) ; thence N 67051116" W, 396.89 feet
(to a point on the north line of the W4-NW4 which is 125
feet normally distant northeasterly from the centerline
of Relocated Primary Road No. U.S. 30) ; thence N
67-38135" W, 175. 67 feet (to a point 130 feet normally
distant easterly from the centerline of Secondary Road R-
38 at Station 2067+95) ; thence N 0000612611 W, 305.00 feet
(to a point 130 feet normally distant easterly from said
centerline at Station 2071+00) ; thence N 03013123" W,
919.86 feet (to a point 80 feet normally distant easterly
from the centerline and on the southerly 33 foot right-of
way of Mortensen Road) ; thence N 00006126" W, 33 . 01 feet
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(to a point on the north line of the SW'h-SW; which is 80
feet normally distant easterly from the centerline of
Secondary Road R-38) ; thence S 8900313011 E, 1,247.27 feet
along the north line of the SW;-SW'k to the Point of
Beginning;
which the Developers intend will become COCHRANE'S SECOND ADDITION
TO AMES, IOWA; and
WHEREAS, it is desired that there be an agreement between the
Developers and the City as to the public improvements to be made on
the real estate described above;
NOW, THEREFORE, the parties hereto have agreed and do agree as
follows:
Section 1. DEVELOPERS' WARRANTY OF TITLE.
The Developers represent that they are the owners, in fee simple,
of the real estate described above with full authority to bind the
development of said land under the terms and conditions of this
agreement; and, that when the final plat of each phase is filed the
requirements of title set out in Section 354. 11 Code of Iowa shall
be met.
Section 2. STREETS/STREET LIGHTS.
The Developers shall construct at their sole expense, street
improvements in accordance with plans and specifications for
materials and methods of construction established by the City
Engineer, including the installation of a street lighting system.
Section 3 . SIDEWALKSfBIKE PATH.
The Developers shall construct at their sole expense, sidewalks and
a bike path, in accordance with the specifications for materials
and methods of construction established by the City's engineers.
Section 4. DESIGN OF PUBLIC IMPROVEMENTS - RESPONSIBILITY OF CITY.
The City of Ames agrees to design and prepare the construction
plans for the aforesaid public improvements.
Section 5. BINDING AGREEMENT.
The terms and conditions hereof shall be binding upon and inure to
the benefit of the heirs, representatives, successors, grantees and
assigns of the parties hereto and shall run with the land.
Section 6. PERFORMANCE BOND.
Developers shall submit to the City a bond by a corporate surety
having offices and a registered agent in the State of Iowa, said
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having offices and a registered agent in the State of Iowa, said
bond to be in such undifferentiated amount as the City's Engineer
requires for each phase of the subdivision as security for payment
of all costs of installation of all the public utilities and
improvements provided for in this agreement with respect to such
phase, said bond to be tendered as a condition of approval of the
final plat of the said subdivision. Said bond shall be so
conditioned that if all said utilities and improvements are not
completed within two years from the date of approval of said final
plat, in accordance with the terms and provisions of this
agreement, either the City, or the owners of any land within said
subdivision, or both jointly, shall have a right to both specific
performance of the work undone and payment of the penal sum of the
bond to cover the costs thereof. When all improvements for all
phases are completed, the City will issue a release of obligation
to that effect.
Section 7. CONTRACT REVIEW.
The City shall be afforded notice of and an opportunity to review
and comment on contracts for improvements covered by this agreement
and let by Developers for improvements in said subdivision so that
the City can determine if the work contracted is that needed to
accomplish the approved plans. All contractors shall be required
to carry insurance coverage sufficient to indemnify against
reasonably foreseeable builder's risk, casualty and public
liability.
Section 8. LAWS APPLY.
This agreement is not intended, and it shall not be deemed, to have
relieved the Developers of any of its obligations under state or
federal laws, or ordinances of the City of Ames, Iowa, or to have
transferred any such obligations to the City.
Section 9. NOTICES.
Insofar as they pertain to Developers or City, all notices,
demands, claims or communications relating to or arising out of
this agreement shall be properly and adequately served and made if
sent by ordinary mail. Any notices, demands, claims or
communications sent to the Developers shall be sent to Everett W.
Cochrane. Any notices, demands, claims or communications sent to
the City shall be sent to Ames City Manager.
Section 10. REMEDIES.
It is expressly understood and agreed that should the City
determine that there is any default in the performance of any
aspect of this agreement by the Developers the City shall, after
reasonable notice to cure, not to exceed thirty days, in addition
to its rights under the bond as aforesaid, withhold any or all
building and zoning permits, occupancy permits and letters of
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compliance under City codes until the default is cured to the
satisfaction of the City.
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be signed and sealed by their authorized representatives as of
the date first above written.
Dated at Ames, Iowa, this day of �'� , 1994 .
CITY OF AMES, IOWA MORTENSON ,II, A LIMITEED PARTNERSHIP
Bye ,,
Public Yorks , rector
Attest: 1
SANDRA RYAN, C ty Clerk EVERETT W. COCHRANE
MARS RIE L. =CHRANE
STATE OF IOWA )
ss:
STORY COUNTY )
On this �_ day of 1994 , before me, the
undersigned, a Notary Public in and for the State of Iowa,
personally appeared Paul I!iegFnd and SANDRA RYAN, to me
personally known, who being by me duly sworn, did say that they are
Public Vorks Pir. . and City Clerk respectively, of the City of Ames, Iowa;
that the seal affixed to the foregoing instrument is the corporate
seal of the corporation; and that said instrument was signed and
sealed on behalf of the corporation by authority of its City
Council as contained in Resolution No. 94-463 passed on the
1 �t day of November , 19 94 , and that the said Paul lkliegand
and SANDRA RYAN acknowledged the execution of the foregoing
instrument to be their voluntary act and deed and the voluntary act
and deed of the corporation, by it and by them voluntarily
executed. ,--.
NOTARY PU IC - TA OF IOWA
L.�i��elf"'Z&
STATE OF IOWA )
) ss:
STORY COUNTY )
before me, the
On this �� day of ��' , 1994 ,
undersigned, a Notary Public in and for the State of Iowa,
personally appeared EVERETT W. COCHRANE, to me personally known,
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who, being by me duly sworn, did say that the person is the General
Partner of MORTENSON II, an Iowa limited partnership, executing the
foregoing instrument, that the instrument was signed on behalf of
the limited partnership by authority of the limited partnership;
and the general partner acknowledged the execution of the
instrument to be the voluntary act and deed of the limited
partnership; by it and by the general partner voluntarily executed.
�M ISSI
WON DIXIE LEE FINKMY RES NOTARY PUBLIC - STATE OF IOWA
STATE OF IOWA )
ss:
STORY COUNTY )
On this day of toez�_ , 1994, before me, the
undersigned, a Notary Public in and for the said County and said
State, personally appeared EVERETT W. COCHRANE and MARJORIE L.
COCHRANE, husband and wife, to me known to be the identical persons
named in and who executed the foregoing instrument and acknowledged
that they executed the same as their voluntary act and deed.
DIXIE LEE FINK % _
MY COMM Sl% EXPIRES NOTARY PUBLIC - STATE OF IOWA
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