HomeMy WebLinkAboutA004 - Agreement RE Grading of Streets, Installation of Sanitary Sewer and Other Utilities or Improvements dated May 24, 1977 AGREEMENT RE GRADING OF STREETS, INSTALLATION OF
SANITARY SEWER AND OTHER UTILITIES OR IMPROVEMENTS
THIS AGREEMENT made this day of. .
1977 , by and between the City of Ames , Iowa, party of the first
part, and Frank Schill and Sons, Inc . , party of the 'second part,
WITNESSETH:
WHEREAS,' the party of the 'second part is the owner of
the real estate described as follows, to-wit :
SEE SCHEDULE "A" ATTACHED HERETO AND MADE
A PART HEREOF CONTAINING THE CORRECT LEGAL
DESCRIPTION, and
WHEREAS, the party: of the second part is in the process
of platting said real estate, as Country Gables Third Addition,
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 party of the second part has not completed
the following operations :
Street Construction $16, 000
Water Main -0-
Storm Sewer -0-
Sanitary Sewer -0-
Sidewalk 3, 500 '
Street Lights 1 ,200
Street Signs . . . 1D0
.TOTAL $20 , 800
and it is desired by the parties hereto to make provisions there-
for, and
WHEREAS, second party shall assume the responsibility
for- making of said improvements , and
WHEREAS, it has been estimated that the cost of completing
said improvements wi11 not :ex'ceed the sum of $20,80:0.
NOW THEREFORE, -IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1 . That the art of the second
party part shall deposit �
with the City Clerk of the City of Ames, Iowa-, a certified check '
or surety bond in the penal sum of $ ,�f`�? °` , conditioned on the a
satisfactory completion of said incomplete improvements .
LAW OFFICES
PAYER & GIBBONS
AMES. IOWA 50010
I
6
2 . That the said .cashier ' s check or surety bond of
$ shall remain so deposited until the party: 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 improve-
ments to the satisfaction of the party of the first part, said
surety,bond or cashier 's check in the amount of' $ � b '= shall
be released, surrendered and exonerated.
4 . That all of said improvements shall be completed by
the party of the second part within 12 months of the date of this
agreement . In the event of the failure of the party 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 party of the -second part.
CITY OZAT-
�c.
. . .
$Y
City Manager
Party of the First Part
FRANK SCHILL AND SONS, INC .
By
AraA. Sc i Presi exit
Jan E .�Schi ecretary
Party of the Second Part
LAW OFFICES
'AYER & GIBBONS
AMES. IOWA 50010 -2-
d
SCHEDULE A
COUNTRY GABLES THIRD ADDITION
Ames, Iowa
A part of the Southeast Quarter (SE4) of Section 14, and a part .of i
the Southwest Quarter (SW4) of Section 13 , all in Township 83 North,
Range 24 West of the 5th P.M. , City of Ames, Story County, Iowa,
described as follows :
"Commencing at a point on the common line between said- Section 13
and ;14, which is 1298 .4 feet northerly of their common southerly
corner; thence North 890 51 ' 4011 west 53 .0 feet to the point of
beginning; said point of beginning also being the Northwest corner
of Lot 11, Country Gables Second Addition, Thence South 0° 08 ' 20" j
I West, along the East line 'of said Lot 11, 130 .0 feet; thence South
32' 16 ' 40-" East 71 .08 feet; thence South 0° 02 ' 20" West, along
the East line of Lot 21 , Country Gables Second Addition, 90 .0 feet;'
thence South 20° 07 ' 25" East, 126 .93 feet; thence South 66' 12 '
11; 30" East, 341 . 29 feet; thence North 0° 02 ' 50" East, along a line
which is parallel to and 341 .0 feet easterly from the west line of
Section 13 , 536 .0 feet; thence North 89' 51 ' 40" West 394.0 feet
to the point of beginning."
Tract contains 3 .83 acres.
I
I
i
it
f i
i •
i;
I
li
iI
I�
I:
LAW OFFICES
PAYER & GIBBONS I, i
AMES. IOWA 50010