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HomeMy WebLinkAboutA003 - Agreement Re Grading of Streets, Installation of Sanitary Sewer and Other Utilities or Improvements dated June 27, 1972 t AGREEMENT RE GRADING OF STREETS, INSTALLATION OF SANITARY SEWER AND OTHER UTILITIES OR IMPROVEMENTS THIS AGREEMENT made this 27th day of June 1972, by and between the City of Ames, Iowa, party of the first part, and Schill Builders, 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: SEE SCHEDULE "Afl 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 Country Gables First 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 com- pleted the following opF,rations: Streets $24, 000 Storm Sewers 11 , 000 Sanitary Sewers 8,400 Street Signs 160 Street Lights -304-- 2,00" �ZSS Water 9, 600 Sidewalks 2, 240 TOTAL $55, 700 -5-9- and it is desired by the parties hereto to make provisions there- for and, WHEREAS, second parties shall assume the responsibility for making of said improvements; and, WHEREAS, it has been estimated that the cost of com- pleting said improvements will not exceed the sum off-,'�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 LAW OFFICES PAYER & GIBBONS AMES, IOWA 50010 c . 2 or surety bond in the penal sum of $.55-3700, conditioned on the satisfactory completion of said incomplete improvements. 2. That the said cashier' s check or surety bond of $55, 700 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 im- provements to the satisfaction of the party of the first part said surety bond or cashier' s check in the amount of $55 -70G 2SS shall be released, surrendered and exonerated. _: ;4 4. That all of said improvements shall be 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 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 s d part. CIT OF J R. Cast e , City Manager i Party of the First Part SCHILL I LJILDERS, INC. rt B Y Frank A. Schill, President By Jane E. Schill, Secretary Party of the Second Part LAW OFFICES PAYER & GIBBONS AMES, IOWA 50010 SCHEDULE "A" A part of the Southwest Quarter (SW 1/4) of Section 13 , and a part of the Southeast Quarter (SE 1/4) of Section 14 , all in Township 83 North, Range 24 West of the 5th p.m. , City of Ames , Story County, Iowa, described as follows : Beginning at the Southeast corner of the Southeast Quarter (SE 1/4) of said Section 14; thence South 890 37 ' West, along the South line of the Southeast Quarter (SE 1/4) 519 . 5 feet; thence North 00 23 ' West, 30 . 0 feet to the point of beginning of a 200 . 24 foot radius curve concave to the Southeast; thence Northeasterly along said curve 212. 70 feet , to a point of tangency; thence North 600 28 ' 35" East, 179 . 9 feet to the point of beginning of a 141. 69 foot radius curve concave to the Northwest ; thence Northeasterly along said curve, 149 .46 feet to a point of tangency; thence North 00 02 ' 20" East, 200 . 0 feet; thence South 890 37 ' West, 78 .75 feet; thence North 00 23 ' West, 334 . 78 feet; thence North 890 37 ' East , 81. 21 feet; thence North 700 20 ' 30" East, 63 . 73 feet; thence South 890 57 ' 40" East 85. 0 feet:; thence South 160 53 ' 20" East, 120 . 20 feet, thence South 6�10 09 ' 30" East , 11. 02 feet to the intersection with the common line between Section 14 and Section 13 , thence continuing South 670 09 ' 30" East, 177 . 03 feet; thence South 530 11 ' 20" East, 221. 90 feet; thence South 00 02 ' 50" West, 180 . 0 feet; thence North 890 51 ' 40" West 341 . 0 feet; thence South 00 02 ' 50" West, along the Common line between Section 13 and 14 , 470 . 0 feet to the point of beginning.