HomeMy WebLinkAboutA004 - Agreement RE Grading of Streets, Installation of Sanitary Sewer and Other Utilities or Improvements dated November 15, 1977 AGREEMENT RE GRADING OF STREETS , INSTALLATION OF
SANITARY SEWER AND OTHER UTILITIES OR IMPROVEMENTS
THIS AGREEMENT made this 15th day of November , 1977 ,
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 party of the second part is the owner of
the real estate described as follows, to-wit:
A part of the Southwest Quarter, Northeast Quarter (SW4
NE4) of Section 33, Township 84 North, Range 24 West of the 5th
P. M. , City of Ames, Story County, Iowa, described as follows:
"Commencing at the Northeast corner of said Southwest Quarter,
Northeast Quarter (SW-1 NE4), thence South 89054'20" West along
the North line of the Southwest Quarter, Northeast Quarter, (SW4
NE4), 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, 1330. 28 feet; thence South 89°55'20" West
along the South line of The Green First Addition, 654. 8 feet to
the point of beginning, said point being the Southwest corner of.
Lot 12, The Green First Addition; thence North 29°47'20" West
396. 96 feet; thence North 60"12'40" East, 120. 0 feet, to the
Northeast corner of Lot 20, The Green Third Addition; thence
North 29047'20" West along a line 30 feet Southwesterly from
and parallel to the centerline of Torrey Pines Road, 447. 38 feet;
thence South 551
00'30" West, 228. 67 feet; thence Southwesterly
along a 126 94 foot radius curve.concave to the Southeast (the
long chord bears South 27°43'20" West, 116. 38 feet) an arc dis-
tance of 120. 9 feet; thence South,00°26'20" West, 338. 0 feet;
thence North 89°33'40" West, 1. 0 foot; thence South 00°26'20"
West, 221. 0 feet; thence North 89°55'20" East, 562. 1 feet to
the point of beginning. Northeast corner of Southwest Quarter
Northeast Quarter (SW-1 NE-1) of Section 33 bears North 0°11'
West, 1340. 13 feet, and South 89'56' West, 1309. 5 feet from
the East Quarter corner of said Section 3.
WHEREAS the party of the second. part is in the process of
platting said real estate as The Green Fifth Addition to Ames ,
Iowa, and the plat of the saR e, together with all supporting
instruments , having been submitted to the City Council of the
City of Ames for approval, and,
WHEREAS , the party of the second part has not completed
the following operations :
Streets , street lights , street signs $6 ,700. 00
Sidewalks 6, 000. 00
and it is desired by the parties hereto to make provisions
therefor, and,
WHEREAS , second party has the responsibility for the mak-
ing of said improvements ; and,
WHEREAS , it has been estimated that the cost of completing
said improvements will not exceed the sum of $12 ,700. 00.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS :
1. That the party 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 penal sum of
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Agreement Page Two
$6 ,700 . 00 conditioned on the satisfactory completion
of said incomplete streets , street lights , and street . ,
signs ; and said party of the second part shall so
deposit another certified check and/or surety bond
in the total penal sum of $6 ,000 . 00 conditioned on
the satisfactory completion of said incomplete side-
walks.
2 . That said cashier ' s checks and/or surety bonds shall
remain so deposited until the party of the second
part has completed the respective improvement above
mentioned to the satisfaction of the party of the
first part.
3 . That upon the completion of the assured improvement
to the satisfaction of the. party of the first part
the appropriate surety bond and/or cashier ' s check
shall be released, surrendered and exonerated.
4. That all of said improvements , except sidewalks ,
shall be completed by the party of the second part
within 12 months of the date of this agreement, and
said sidewalk shall be completed by party of the
second part within 24 months of the date of this
agreement. In the event of the failure of the party
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 checks or from the sureties on said
bonds 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 party of the second part.
BUCK CONSTRUCTION COMPANY, INC. CITY OF AMES , IOWA
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By c � y
Rob rt 0. Buck, President Terry Sprenkel,, City Manager
B ✓ ,Y
Anne K. Buck, Secretary