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HomeMy WebLinkAboutA004 - Agreement RE Grading of Streets, Installation of Sanitary Sewer and Other Utilities or Improvements dated May 1, 1981 a r i i AGREEMENT RE GRADING OF STREETS, INSTALLATION OF SANITARY SEWER AND OTHER UTILITIES OR IMPROVEMENTS THIS AGREEMENT is made this 1st day of May , 1981, 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 i described as follows, to-wit: SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF CONTAINING THE CORRECT LEGAL DESCRIPTION, and I� WHEREAS the art of the second art is in the process of platting > party P P P g said real estate as Country Gables Sixth 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 I WHEREAS, the party of the second part has not completed the following operations: Sidewalks $3,650.00 and it is desired by the parties hereto to make provisions therefore, and WHEREAS., second party shall assume the responsibility for making said improvements, and. WHEREAS, it has been estimated that the cost of completing said fimprovements will not exceed the sum of $3,650.00. NOW THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. That the party of the second part has executed a sidewalk bond agreeing to complete said sidewalk pursuant to said bond agreement. Y i) 2. That said bond agreement 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 bond shall be released, surrendered and exonerated. LAW OFFICES _ PAYER, STEENSLAND & LATHROP AMES, IOWA 50010 4. That all of6said 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 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 wr.itten ,by the City Manager on behalf of the City of Ames, Iowa, and by the party of the second part. CITY OF AMES, AMES, IOWA By: City anager FRANK SCHILL AND SONS, INC. By rank A. Schill , 7President By: Janr E. Schill , Secretary s I LAW OFFICES PAYER.-STEENSLAND -2- & LATHROP Ames. IOWA woto �! SCHEDULE "A." I "Commencing at the Southeast Corner of said Section 14, thence South 890 37' West; along the South line of said Southeast Quarter, 519.5 feet, to the West line of Diamond Street; thence North 00 23' West, along said West line, 30.0 . feet to a 'point �of beginning of a 200.24 foot radius curve concave to the South- , east-; thence Northeasterly, along said curve, an arc distance of 212.70 feet I (the long chord bears North 30 02 48�� East, 202.84 feet) , to a point of tangency; thence North 60' 28' 35" East, along said West line of Diamond Street, l 74.35 feet to the Point of Beginning; thence continuing• North 60° 28' 35" East, 105.55 feet, to a point of beginning of a 141 .69 foot radius curve concave to 11 the Northwest; thence Northeasterly, along said curve, an arc distance ,of I `1149.46 feet (the long chord bears North 30° 15' 27" East, 142.41 feet., measured ) distance), to a point of tangency; thence North 00 02' 20" East, along said f West line of Diamond Street, 200.0 feet; thence South 890 37' West, 78.75 feet; I� thence North769 40' West, 75.0 feet; thence South0O 241 E, 186.0 feet; thence + South 65 12' West, 113.70 feet; thence South 29 36 East, 181 .75 .feet, I •measured distance, to the Point of Beginning." I I. 1' • I I { I I I I; I LAW OFFICES li •• + 'AVER. STEENSLAND & LATHROP AMES.IOWA 50010 ij