HomeMy WebLinkAboutA009 - Public Improvements Contract dated September 21, 1999 r
PUBLIC IMPROVEMENTS CONTRACT
THIS IS AN AGREEMENT made by and between City and Developer upon the following terms
and conditions:
1. DEFINITIONS. When used in this Agreement,unless otherwise required by the context:
1.1. "City"means the City of Ames,Iowa,a municipal corporation existing under the laws of
the State of Iowa and located in Story County, Iowa,with a mailing address of 515 Clark
Avenue,Ames,Iowa 50010.
1.2. "Developer" means Everett W. Cochrane and Mariorie L. Cochrane, with a mailing
address of 207 Stanton Avenue,P.O.Box 1099,Ames,Iowa 50014.
1.3. "Subdivision"means Third Addition,Dauntless Subdivision to Ames,Iowa.
1.4. "Construction Plans" means the construction drawings and detailed specifications pre-
pared by Engineering Plus,whose address is 612 Fifth Street, Ames, Iowa 50010, under
date of June 15, 1999, and approved by the City on q —91 , 1999,for pub-
lic improvements to be constructed and installed within the Subdivision.
1.5. "Agreement'means this instrument as signed by the parties.
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CIRCUMSTANCES. City requires that Developer,as the owner of Subdivision,install and construct
Developer's expense for the benefit of City certain public-improvements as a condition for ap-
proving the final plat of Subdivision. Developer has already installed subject to City inspections,
the following public improvements: (a) water mains and water service lines; (b) sanitary sewer
mains and service lines; (c)storm sewer lines;and(d)underground electric distribution system.
3. PUBLIC IMPROVEMENTS.Developer shall construct and install within the Subdivision, in accor-
dance with the Construction Plans,the Development Agreement, and the subdivision ordinance of
the City,the following public improvements: (a)streets;(b)sidewalks;and(c) street lights.
4. TIME OF COMPLETION. Developer shall complete the construction and installation of all public
improvements specified in the Construction Plans before two years after the date of the approval
by the City Council of City of the final plat of the Subdivision.
5. ENGINEERING SERVICES. The City's engineer shall review and approve all construction plans
and specifications for public improvements to be installed under this Agreement and shall inspect
all work performed by Developer under this Agreement.
6. SECURITY FOR COMPLETION. Developer shall deliver to the City prior to the City's approval of
the final plat of the Subdivision one or more cashier's or certified checks payable to the City of
Ames,Iowa, (the"security")in the following amounts:
Street first course.................................................................................26,500.00
Street surface course...............................................................................6,000.00
Streetlighting........................................................................................5,800.00
Sidewalks..............................................................................................8,175.00
Total Security Required................................................................... .
In the event Developer fails to perform this Agreement before two years after the date of the ap-
proval by the City Council of City of the final plat of the Subdivision,the City may draw on the
security and complete those public improvements. Upon approval by the City's engineer of a
completed improvement and upon application of Developer, City shall release the security for
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PUBLIC IMPROVEMENTS CONTRACT Page 2
such completed improvement; however, City shall not be required to be undersecured for im-
provements that have not been completed.
7. MAINTENANCE BOND. Prior to acceptance of completed public improvements by the City, De-
veloper shall deliver to the City a surety bond executed by Developer or the contractor installing
the public improvements for Developer and by a corporate surety company authorized to do busi-
ness in the State of Iowa, conditioned upon the payment of all costs of maintenance and repair of
the public improvements constructed by Developer under this Agreement necessitated by defects
in material and workmanship for a period of two years from and after final acceptance of the pub-
lic improvements by the City.
8. NOTICES. Unless otherwise required by law, any notice or demand required or permitted by the
terms of this Agreement shall be.sufficient and deemed complete when expressed in writing and
either(a) personally delivered to the person entitled thereto, or(b) deposited at any office of the
United States Postal Service in the form of certified mail addressed to the last known mailing ad-
dress of the person entitled thereto, or(c) served on the person entitled thereto in the manner of an
original notice under the Iowa Rules of Civil Procedure.
9. INTERPRETATION. Words and phrases used in this agreement shall be construed as in the single or
plural number,and as masculine,feminine or neuter gender, according to the context. This agree-
ment shall be governed exclusively by and construed in accordance with the laws of the State of
Iowa. The paragraph headings in this agreement are for convenience only and in no way define or
limit the scope or intent of any provisions of this agreement. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original and all of which shall
constitute but one and the same instrument. This Agreement shall be binding upon and inure to
the benefit of the respective successors and assigns of all parties executing this Agreement.
IN WITNESS OF THIS AGREEMENT Developer has executed this instrument on September
1999.
EVERETT W. COCHRANE MARJOME L. COCHRANE
—DEVELOPER—
IN WITNESS OF THIS AGREEMENT City has executed this instrument on September 22,
1999.
CITY OF AMES,IOWA
BY: ' c7. GtJ.�-4a�ta
Paul D.Wiegand,Pul#ic Works Director
—CITY—
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