HomeMy WebLinkAboutA004 - Agreement RE Grading of Streets, Installation of Sanitary Sewer and Other Utilities or Improvements dated July 19, 1977 y �
AGREEMENT RE GRADING OF STREETS , INSTALLATION OF
SANITARY SEWER AND OTHER UTILITIES OR IMPROVEMENTS
THIS AGREEMENT made this 1 9 t h day of '3 1 y , 1977,
by and between the City of Ames , Iowa , party of the first part, and Buck
Construction Company, Inc. , part 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 (SW4 ) of thi Northeast Quar-
ter (NE'' ) of Section 33, Township 84 North , Range 24 West of
the 5th P. M. , City of Amcs , Story County , Iowa, described
as follows: Commencing at the Northeast corner of said
Southwest Quarter (SW-1) of the Northeast Quarter. (NE-1);
thence South 89' 54'20" West along the North line of the South-
west Quarter (SW'-4) of the Northeast Quarter (NEI) 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 same is
now paved, 60. 0 feet, to the point of beginning , thence continu-
ing South 00' 12'10" West, 340. 0 feet .to the Northeast corner
of Lot 1 , The Green 2nd Addition, thence South 89' 54'20" West,
410. 79 feet; thence North 85' 42'10" West. 93. 97 feet; thence
North 34' 59'30" West 150. 0 feet; thence North 55°00'30" East
91 . 75 feet; thence Northeasteriv along a 1-5.1 . 73 foot radius curve
concave to the Southeast (the long chord bears North 720 27'
30" East 90. 99 feet) an are distance of 92. 41. feet; thence North
00' 05'40" West 130. 0 feet; thence North 89' 54'20" East along
a line 60. 0 feet Southerly from and parallel to the North line of
the ,Southwest Quarter (SW-1) of the Northeast Quarter (NE4),
430. 0 feet to the point of beginning.
WHEREAS the parties of the second part are in the process of platting
said real-estate as The Green Fourth 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:
Streets $42,000. 00
Street lights 2 7 000: 00
Street signs 200. 00
Sidewalks 6,000. 00
and it is desired by the parties hereto to make provisions therefor, and,
WHEREAS , second parties shall assume the responsibility for the
making of said improvements; and,
WHEREAS, it has been estimated that the cost of completing said
improvements will not exceed,the sum of $50,200. 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
: . 1
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Agreement Page Two
total penal sum of $50, 200. 00 conditioned on the satisfactory comple-
tion of said incomplete improvements.
2. That said cashier's check and/or surety bond totaling $50, 200. 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 said improvements to the satisfac-
tionof the party of the first part said surety bond and/or cashier's
check in the amount of $50, 200. 00 shall be released, surrendered
and exonerated.
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 sec-
ond 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 HEREOF, 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, IOWA
.-. ` B drl
9ABy -� / �-�- Y
Rob t O. Buck, President Terry Spne-hke City Manager
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Party of the First Part
_-- By
Ann6 K. Buck, Secretary
J '
1 �. ~ -Party of the Second Part