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Home My WebLink AboutA006 - Agreement with Subdivision Developer as to Streets, Sidewalks and Other Public Improvements dated June 25, 1991 r AGREEMENT WITH SUBDIVISION DEVELOPER AS TO STREETS, SIDEWALKS AND OTHER PUBLIC IMPROVEMENTS PERTAINING TO D RN ESQ AMES, IOWA THIS AGREEMENT, made this 25th day of June , 1991, by and between the CITY OF AMES, IOWA (hereinafter called "City") ; and RON COY, his heirs, successors and assigns (hereinafter called "Developer") , WITNESSETH THAT: WHEREAS, the Developer is the owner of certain land within the City described as: A part of Lot 9C in Damon Catron Is Subdivision in the SE4 of Section 6, Township 83 North, Range 24 West of the 5th P.M. , in the City of Ames, Iowa, lying East of a line extending from the Southeast corner of Lot 3 in Dover Drive Estates. A Replat of a portion of Lot 9C in said Damon Catron's Subdivision, to the Northeast Corner of Lot 9 in the Auditor's Plat of the NE4 of the SE4 of said Section 6, that is more particularly described as follows: Commencing at the Southeast Corner of said .Section 6; thence N0000010011W, 1368. 60 feet along the East line of the SE4 of said Section 6; thence N88°0814511W, 47.49 feet to the Westerly right of way of North Dakota Avenue (As Quit-Claimed to the City of Ames from Story County on June 29, 1965 and recorded in Book 128, Page 223 in the office of the Recorder of said Story County, Iowa) ; thence Northwesterly, 459.24 feet along said Right of Way, and the Westerly Right of Way of Delaware Avenue, along a curve having a radius of 1106. 00 feet, concave Westerly through a central angle of 23047126111 and having a long chord which bears N1803311711W for a distance of 455.95 feet; thence N3002710011W, 86.26 feet along the said Westerly Right of Way; thence Northerly, 5.58 feet, along said Right of Way, along a curve having a radius of 676. 60 feet, concave Easterly through a central angle of 0028120" and having a long chord which bears N3001310611W for a distance of 5.58 feet, to the Southerly line of Lot 5 in said Dover Drive Estates; thence S7503012011W, 221.98 feet along the Southerly line of said Subdivision to the Southeast Corner of Lot 3 in Dover Drive Estates; thence S1600013011E, 306.80 feet to the Northeast Corner of Lot 9 in said Auditor's Plat; thence along the Northeasterly line of said Lot 9, S1500010011E, 33 . 00 feet (about 2 rods) ; thence, along the Northeasterly line of said Lot 9 (along the Creek to the Section Line) S6502414211E, 38. 63 feet; S4701511811E, 158.80 feet; S8800814511E, 161.71 feet to the point of beginning. which the Developer intends will become DEARBORN ESTATES, AMES, IOWA; and r -2- WHEREAS, it is desired that there be an agreement between the Developer and the City as to the public improvements to be made on the real estate described above; NOW, THEREFORE, the parties hereto have agreed and do agree as follows: Section 1. Developer's Warranty of Title. The Developer represents that he is the owner, in fee simple, of the real estate described above with full authority to bind the development of said land under the terms and conditions of this agreement; and, that when the final plat of each phase is filed the requirements of title set out in Section 409A.11 Code of Iowa shall be met. Section 2. Streets/street lights. The Developer shall construct at Developer's sole expense, street improvements in accordance with the plans set out in Appendix A, and the specifications for materials and methods of construction established by the City Engineer., including the installation of a street lighting system. Section 3 . Sidewalks. The Developer shall construct at the Developer' s sole expense, sidewalks, in accordance with the specifications for materials and methods of construction established by the City's engineers. Section 4. Design of Public Improvements-Responsibility of City. The City of Ames agrees to design and prepare the construction plans for the street, street lights and sidewalks. Section 5. Binding Agreement. The terms and conditions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, grantees and assigns of the parties hereto and shall run with the land. Section 6. Performance bond. Developer shall submit to the City a bond by a corporate surety having offices and a registered agent in the State of Iowa, said bond to be in such undifferentiated amount as the City's Engineer requires for each phase of the subdivision as security for payment of all costs of installation of all the public utilities and improvements provided for in this agreement with respect to such phase, said bond to be tendered as a condition of approval of the final plat of the said subdivision. Said bond shall be so -3- conditioned that if all said utilities and improvements are not completed within one year from the date of approval of said final plat, in accordance with the terms and provisions of this agreement, either the City, or the owners of any land within said subdivision, or both jointly, shall have a right to both specific performance of the work undone and payment of the penal sum of the bond to cover the costs thereof. When all improvements for all phases are completed, the City will issue a release of obligation to that effect. Section 7. Contract Review. The City shall be afforded notice of and an opportunity to review and comment on contracts for improvements covered by this agreement and let by Developer for improvements in said subdivision so that the City can determine if the work contracted is that needed to accomplish the approved plans. All contractors -shall be required to carry insurance coverage sufficient to indemnify against reasonably foreseeable builder's risk, casualty and public liability. Section 8 . Laws Apply. This agreement is not intended, and it shall not be deemed, to have relieved the Developer of any of his obligations under state or federal laws, or ordinances of the City of Ames, Iowa, or to have transferred any such obligations to the City. ! Section 9. Notices. Insofar as they pertain to Developer or City, all notices, demands, claims or communications relating to or ,arising out of this agreement shall be properly and adequately served and made if sent by ordinary mail. Any notices, demands, claims or communications sent to the Developer shall be sent to RON COY, 272.0 Luther Drive, Ames, Iowa 50010. Any notices, demands, claims or communications sent to the City shall be sent to Ames City Manager. Section 10. Remedies. It is expressly understood and agreed that should the City determine that there is any default in the performance of any aspect of this agreement by the Developer the City shall, after reasonable notice to cure, not to exceed thirty days, in addition to its rights under the bond as aforesaid, withhold any or all building and zoning permits, occupancy permits and letters of compliance under City codes until the default is cured to the satisfaction of the City. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed and sealed by their authorized representatives as of -4- the date first above written. Dated at Ames, Iowa, this 25th day of June, 1991. CITY O . ES, IO A LAURRY R. URTI , Mayor 9ON COY _. Attest: NANCY DIONI City C1 STATE OF IOWA ) ) ss: STORY COUNTY ) On this 25th day of June , 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and LARRY R. CURTIS and NANCY DIONIGI, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; and that said instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in Resolution No. 91-235 passed .on the 25th day of June , 19 91 , and that the said LARRY R. CURTIS and NANCY DIONIGI acknowledged the execution of the foregoing instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it;,,and ,.by 'them voluntarily executed. r Notary Public = �/-ALL. `-• �/'PP�t'lac�, � -_G __ ti'��1�'f`- STATE OF IOWA ) ss: STORY COUNTY ) On this // ' day of June, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared RON COY, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. ,�, Cam- Notary Public • MY ow ,1�2