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HomeMy WebLinkAboutA007 - Agreement for Installation of Required Public Improvements dated December 8, 1992 AGREEMENT FOR INSTALLATION OF REQUIRED PUBLIC IMPROVEMENTS THIS AGREEMENT is made this day of "�, 1992, 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 developer 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 described as Country Gables Fifth 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 party of the second part has not completed the following operations as described and set forth in the plat of the Country Gables Fifth Addition to Ames, Iowa: Street Lights $ 5,500.00 Finish Lift of Asphalt Street 7,500400 Total $13,000.00 and it is desired by the parties hereto to make provisions therefore, and WHEREAS, the party of the second part shall assume the responsibility for making said improvements, and WHEREAS, it has been estimated that the cost of completing said improvements will not exceed the sum of $13,000.00. NOW, THEREFORE, IT IS AGREED by and between the parties as follows: 2 1. That the party of the second part has delivered a Letter of Credit agreeing to complete the above described improvements pursuant to said Letter of Credit. 2. That said Letter of Credit is attached hereto 'and made a part hereof. 3. That upon the completion of all of the said improvements to the satisfaction of the party of the first part, said Letter of Credit shall be released, surrendered and exonerated. 4. That all of said improvements shall be completed by the party of the second part within twelve (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. IN WITNESS WHEREOF, this Agreement is signed the day and year first written above by the City Manager on behalf of the City of Ames, Iowa, and by the party of the second part. CITY OF AMES, IOWA By Pubilc=Works- Di vector FRANK SCHILL AND SONS, INC. By rank A. Schill, President By lei - Ja E. Schill, Secretary i