HomeMy WebLinkAboutA004 - Agreement RE Grading of Streets, Installation of Sanitary Sewer and Other Utilities or Improvements dated October 5, 1976 AGREEMENT RE GRADING OF STREETS, INSTALLATION OF'
SANITARY SEWER AND OTHER UTILITIES OR IMPROVEMENTS
THIS AGREEMENT made this 5th day of October , 1976, by and
between the City of Ames, Iowa, party of the first part, and Buck Construction
Company, Inc. , party of the second part:
WITNESSETH:
That WHEREAS the parties of the second part are the owners of the
real estate described as follows, to-wit:
A part of the Southwest Quarter (SW1/4) of the Northeast Quarter
(NE1/4) of Section 33, Township 84 North, Range 24 West of the 5th P. M. ,
in the City of Ames, Story County, Iowa, described as follows: Com-
mencing at the Northeast Corner of said Southwest Quarter (SW1/4) of the
Northeast Quarter (NE 1/4), thence South 89°54'20" West, along the North
line of the said Southwest Quarter (SW1/4) of the Northeast Quarter (NEl/4),
98. 5 feet; thence South 00 12'10" West along- a line 60. 0 feet Westerly from
and parallel to the centerline of Stange Road, .as the same is now paved,
400.0 feet; thence South 890 54120" West, 230.0 feet to the point of begin-
ning, said point also being the Northwest Corner of Lot 2, The Green
Second Addition to Ames, Iowa; thence continuing South 89054'20" West,
180. 79 feet; thence North 85°42'10" West, 93. 97 feet; thence North 34'
59'30" West, 150.0 feet; thence South 55°00'30" West, 467. 40 feet; thence
South 29047'20" East, 447. 38 ;eet; thence South 60°12'40" West, 120. 0
feet; thence South 29°47'20" East, 220. 0 feet, to the West Corner of Lot
13, The Green First Addition to Ames, Iowa; thence North 600 12'40" East
120. 0 feet; thence North 66°34'20" East, 60:36 feet; thence North 49°14'
30" East, 159. 19 feet; 'hence North '22°52'55" West, 221. 46 feet; thence
North 52046'05" East, 107. 83 feet; thence North 89°54'20" East, 195. 0
feet; thence'North 0012'10" East, 110. 0 feet; thence North 33°48'30" East,
72. 27 feet; thence North 0°12'10" East, 150.0 feet to the point of begin-
ning.
WHEREAS the parties of the second part,are in the process of platting
said real estate as The Green-Third 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 parties of the second part have not completed the
following operations:
Street lights $ 4, 000. 00
Street signs 150. 00
Sidewalks 11, 250.00
and it is desired by the parties hereto to make provisions therefor, and,
WHEREAS, second parties shall assume the responsibil_it_y for the_
making of said improvements; and,
WHEREAS, it has been estimated that the cost of
tcompleting said
improvements will not exceed the sum of $15, 400. 00.-
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. That the parties of the second part shall deposit with the City Clerk .
of the City of Ames, Iowa, a certified check and/or surety bond in the total
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Agreement Page Two
penal sum of $15, 400. 00 conditioned on the satisfactory completion of said
incomplete improvements.
2. That said cashier's check and/or surety bond totalling $15,400. 00
shall remain so deposited until the parties of the second part shall have com-
pleted all of the improvements above mentioned to the satisfaction of the party
of the first part.
3. That upon the completion of all of the said improvements to the
satisfaction of the party of the first part said surety bond and/or cashier's
check in the amount of $15,400.00 shall be released, surrendered and ex-
onerated.
4. That all of said improvements, except sidewalk, ' shall be completed
by the parties of the second part within 12 months of the date of this agreement,
and said sidewalk shall be completed by parties of the second part within 24
months of the date of this agreement. In the event of the failure of the parties
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 written by the City Manager on :behalf of the.City of Ames, Iowa,
and by the parties of the second part.
BUCK CONSTRUCTION COMPANY,
INC. CITY OF AMES, IO A
Zt 4-V
By � By
Robeft O. Buck, President Terry S renke , City Manager
ll2x-z� Party of the First Part
By
An e K. Buck, Secretary
Party of the Second Part