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HomeMy WebLinkAboutA017 - Agreement for Public Improvements Instrument Prepared By: Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921 AGREEMENT FOR PUBLIC IMPROVEMENTS The parties to this Agreement are DAYTON PARK, L.L.C., hereinafter referred to as "Owners," and the CITY OF AMES, IOWA, hereinafter referred to as "City." WHEREAS,the Owners are in the process of platting real estate to be known as Dayton Park Subdivision Third Addition, Ames, Story County, Iowa; and WHEREAS,the Owners are required to construct certain improvements and utilities within the real estate, to wit: street construction and street lights, and to pay reasonable engineering and inspection fees therefor, all as part of the platting procedure to the City. NOW, THEREFORE, in consideration of the premises, it is hereby agreed that the Owners shall deposit with the City a surety bond, letter of credit or certified check in the amount of $178,000.00 conditional upon the completion of the improvements and utilities as required by the City for said subdivision on or before July 31, 2000. IT IS FURTHER AGREED that City reserves the right to construct said improvements and utilities in the event Owners fail to do so herein agreed,and to cover the costs thereof with the surety bond or the certified check, as the case may be. IT IS FURTHER AGREED that upon satisfactory completion of the said improvements and utilities,including the paying of reasonable engineering and inspection fees therefor,the bond shall be released and the bondsman exonerated,the letter of credit released or the certified check shall be returned to Owners, as the case may be. Dated this day of nei;y,-Al , 2000. DAYTON PARK, L.L.C. By: Den E. Hunziker, Aanager STATE OF IOWA ) ss: COUNTY OF STORY ) On this / day ofGw��F, ,2000,before me,a Notary Public in and for the State of Iowa, personally appeared Dean E. Hunziker, to me personally known, who being by me duly sworn did say that he is a Manager of Dayton Park, L.L.C., an Iowa Limited Liability Company, and that said instrument was signed on behalf of the said Limited Liability Company by authority of its managers, and that the said Dean E. Hunziker acknowledged the execution of said instrument to be the voluntary act and deed of Dayton Park, L.L.C., by it and by the manager voluntarily executed. STACEE L.Coo"ES MY COMMISSION EXPIRES r Notary Public in and for the State of Iowa CITY OF AMES By: AG .sZ -Z�. Paul D. Wiegand Director of Public Works CAcdrive\DSK\Dayton Park Subdivisions\AgreementPublicImprovements.wpd 2