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HomeMy WebLinkAboutA010 - Agreement Re Improvements for Stonehaven Elderly Housing Y `t AGREEMENT RE: IMPROVEMENTS FOR STONEHAVEN ELDERLY HOUSING It is hereby agreed between Stonehaven of Ames, Inc. , the titleholder to Lot Six (6) , Cooper's Second Subdivision to Ames, Iowa; E. Rent Cooper and Joan Cooper and G. Kevin Cooper and Wendie Cooper, their successors and assigns, the developers of Cooper's Second Subdivision to Ames, Iowa; and the City of Ames, Iowa, as follows: 1. The developers have platted Cooper's Second Subdivision to Ames, Iowa. 2 . That Stonehaven of Ames, Inc . , of which Earl G. Hammond is the President and Joan Dubberke is the Secretary, will be the owners of Lot Six (6) , Cooper's Second Subdivision to Ames, Iowa, once the plat is filed of record and title is transferred. Stonehaven of Ames, Inc. , will obtain a mortgage from the U.S. Department of Housing and Urban Development in order to construct Stonehaven Elderly Housing on Lot Six (6) , Cooper's Second Subdivision to Ames, Iowa. 3 . That the following improvements for the Subdivision will need to be completed by the developers, their successors and assigns: sidewalks, streets, utilities and storm sewer extensions in the total estimated amount of $171,091.00 . 4 . That the sum of $171,000 .00 will be guaranteed to the City by a letter of credit from Firstar Bank, Ames, Iowa. 5. That developers, their successors and assigns and Stonehaven of Ames, Inc. , agree that they shall not seek or permit occupancy of the project, Stonehaven Elderly Housing, until such time as the improvements as set forth above have been completed to the satisfaction of the City of Ames . 6 . That the City of Ames has guaranteed the United States Department of Housing and Urban Development that the aforementioned off-site improvements shall be installed by developers, their successors and assigns, prior to project occupancy being permitted by the City of Ames . Furthermore the City of Ames will demand payment on the said irrevocable Letter of Credit from Firstar Bank if the said improvements are not completed to the specification and satisfaction of the City on or before May 1, 1992 . In consideration thereof the City will present its demand to Firstar Bank under the Letter of Credit by no later than June 1, 1992, if the improvements are not completed by that date. The City will proceed to complete the said improvements with the funds guaranteed by the Letter of Credit. F Dated this ,,!f T7 day of , 1991. STONEHAVEN OF INC By: Earl G. Hammond, President E. Rent Cooper By: _ v Joan Dubberke, Secretary an Coope CITY OF AME C J: G. Kevin Cooper By: o —-&4' , Larry R. urtis, Mayor W ndie Coope ATTEST: By: Nancy Dion' i, City Cle