HomeMy WebLinkAboutA004 - Agreement RE Grading of Streets, Installation of Sanitary Sewer and Other Utilities or Improvements dated September 27, 1977 AGREEMENT RE GRADING OF STREETS, INSTALLATION OF
SANITARY SEWER AND OTHER UTILITIES OR .IMPROVEMENTS
THIS AGREE14ENT 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 TRADE
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 Fourth 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 :
Streets $ 39_, 000.00
Sidewalks 10.,400 .00
Sanitary Sewer .6_,300 .00
Water 12000 .00
Storm Sewer 34 : 000 .00
Street Lighting 2, 800 .00
Street Signing 100'.00
TOTAL $104 ,600.00
and it is desired by the parties hereto to' make provisions therefor,
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 will not exceed the sum of $104,,6:.00 .00 .
NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS :
1 . That the party 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 $104 ,600 .00, conditioned on the
satisfactory completion of said incomplete improvements .
2 . That the said cashier's check or surety bond of
$104-,6.00 .00 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 $104, 600 :00 shall
be released, surrendered and exonerated.
4 . That all of said improvements shall be completed by
the party of the second part within 12 months of the "date of this
agreement . In the event of the failure of the party of the second
part to complete all of the said work as herein agreed, the party
of the first part may perform said work and recover the cost
thereof from the certified check or from the sureties on said bond
posted pursuant hereto .
IN WITNESS WHEREOF, . this agreement is signed the day
and year. first above written by the City Manager on behalf of
the City of Ames , Iowa, and by the party of the second part..
CITY OF
By. . . . . d . . .
ity Ma ger
Party of the First Part
FRANK SCHILL AND SONS, INC.
raHkk AA. S6riill, President
By: . . .
ane/rE. Schill, Secretary
Party of the Second Part
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SCHEDULE A I
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A part of the Southeast Quarter (SE-,,) of Section 14, Township
83 North, Range 24 West of the 5th P .P . , City of Ames , Story
County, Iowa, described as follows:
"Beginning at a point on the South line of the Southeast Quarter
($E4) of Section 14, Township 83 , Range 24 which is South 890 37 '
West 1233 . 5 feet from the Southeast Corner of said Section 14;
thence continuing South . 89° 37 ' West along the South line of the
Southeast Quarter (SE-,) , 651.65 feet; thence South 00' 27 ' 10"
East on a line parallel to and 27 ' Westerly of the East line of
Lot 1, Teagarden's Third Addition, 183 .8 feet ; thence Northwesterly
along a 797 . 53 foot radius curve concave to the Northeast (the
long chord bears North 82' 37 ' West, 60 . 55 feet) an arc distance
of 60 . 56 feet, said curve being Northerly Right of Way line of i
Jewell Drive; thence North 00° 27 ' 10" West, 41 . 68 feet -to the
point of beginning of a 1904.44 foot radius curve concave to the
West; thence Northerly along said curve (the long chord bears North,
02' 28 ' 20" West, 134 .02 feet) an arc distance of 134.05 feet ;
Thence South 89° 37 ' West along the Northerly line of Lot 1, i
Teagarden' s Third Addition, 13 .54 feet; Thence North 000 121
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West, 318 .00 feet; Thence North 890 37 ' East 710 .07 feet ; Thence
South 440 52 ' West 161 .66 feet; Thence Southeasterly along a 55 .0
i� radius curve concave to the Southwest (the long chord bears - South
500 18 ' East, 10 .03 feet) an arc distance of 10 .04 feet ; Thence
North 44° 52 ' East; 170 . 85 feet; Thence North 89' 37 ' East , 4 :60
i, feet; Thence South 00' 23 ' East; 318..00 feet to the point of
beginning . Tract contains 5 .54 acres .
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