HomeMy WebLinkAboutA007 - Agreement for Improvements dated April 23, 1985 i
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INST.*_ 03�133
AGREEMENT FOR IMPROVEMENTS, --.a
SUBDIVISION DEVI:1,01'1:U BY FEE a J[' a0
ISIJ RESEARCH FOUNDATION, INC.
THIS AGREEMENT, made this 23rd_ day of Aril , 1985, by
Q, and between ISU RESEARCH I'OUNDATION'. an to a Corporation, hereinafter
�► called "Developer") , its successors, grantees and assigns; and, THE CITY
OF MIES, IOWA, (hereinafter called "City")
W[TNESSETII:
WHEREAS, Developer states and warrants that it is- Lire owner. of certain .
lands situated within Lite City of Ames, Iowa, for which it seeks the
approval of the City of a proposed subdivision and subdivision plat as
required by Chapter 409 of Lite Code of Iowa; and,
9 WHEREAS, Developer. is desirous of developing said land i:i a manner
4420 consistent with a development plan approved by the Planning and Zoning
Commission and the Ames City Council ; and,
(16 WHEREAS, it is deemed necessary that there be air agreement between
Developer and City as to the improvements to be made, and which shall be
public and which private;
r` NOW, THEREFORE, Lite parties hereto have agreed and do agree as follows:
bboo Sec. 1 . Developer's Warranty of Title.
The Developer hereby warrants and represents to' the City as induce-
ment to the Ci.Ly's entering into this .agreement, that the Developer is a
duly organized Iowa corporation, in good standing, and that it owns the
subject property in fee, and that Cite Developer has full authority to
hind the development of such property under Cite terms and conditions of
this agreement.
V' Sec. 2. Installation of Private Improvements_ - IZespoirstbllities of
Deve�cr
In accordance with the policies and ordinances of the City,. the
Developer shall be responsible for Cite installation and maintenance of
the following described improvements.
STREETS
2. 1. Tire Developer shall construct the street system as' shown ' on
Exhibit A which is a photo reduction of the Conceptual Development
03493 Plait of the Ironwood Estates, elated April 16, 1985. This street
NST.NO. system shall be privately owned and shall be Lite sole responsi-
STORYCOUNTY, IOWA bility of. the ISU Research Foundation, its successors, grantees,
FILED FOR RECORD and assigns.
�M NOV " 5 1985 PM' 2.2. The Developer shall submit to the City Engineer for review
LJ S and approval , the construction plans for the private street system
USAN L. POTTER, Recorder- prior to the coast runt ion of these improvements for the replat of
'y _ _ _Deputy_'_ Ironwood Estates. The City will review and provide continent to the
BOOK 2�Z.. rAcE
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Developer within 30 days of tile, receipt of said plans by the City..
2.3. The Developer agrees to construct .the private street system
in compliance with the construction specifications of the City of
Ames.
2.4. The Developer, its successors, -rssigns and grantees shall
have the sole and continuing responsibility and obligation for
maintenance, repair ar►d improvement of the aforesaid private street
system. The Developer, its successors, grantees arid assigns shall
indemnify and hold the City harmless from any and all claims,
demands, suits, damages or liability of any kind, a►nourrt or nature
pertaining to, resulting from or arising out of said private
streets, their design, operation,. maintenance and adequacy.
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2.5. Tile Developer agrees to provide to the City, a copy of the as
built plans along with its engineer's certification that the pri-
vate street system was build according to the approve(] construction �
plans. This certification sl►all be provided to the City within two
years from the date of the approval of the final plat.
Sec. 3. Installation of 1'ubIic Improvements - Responsibilities of
bevelo ter —� --
3. 1. The Developer agrees to construct a public water distribution �!
and sanitary sewer system as shown oil Exhibit A. This water dis-
tribution system and sanitary sewer' system shall be public and
shall be the responsibility of the City of Ames.
3.2. The Developer agrees to install the public water distribution
system and sanitary sewer system and have these systems approved
and accepted by the City of Ames, prior to the issuance of permits
for any residential structures proposed for construction oil Exhibit
A.
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Sec. 4. Design of Public Improvements - Reonsi_bility of City
4. 1 . Tile City of Ames agrees to design and prepare tie construc-
tion plans, for the public water distribution system, sanitary sewer
system and sump pump 1ini's as shown on Exhibit A.
4.2. The City of Ames agrees to have the construction plans for
the public water distribution system, sanitary sewer system and
SUMP pump lines complete and ready for use by the Developer within
60 days of the City's receipt of the appropriate survey information -
which will enable the City to prepare such construction plans. I'he j
City Engineer shall determine when the appropriate survey informa-
tion has been made available to the City.
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BOOK -,V,2..7 PAGE . 0
Sec. 5. Authorization to Install Private lm�rovement in a 1'UD
Subdivision `
In that the CDP/PUD pl.an for the Ironwood Estates was approved by
the City Council. through Resolut.i.on No. _8.5-116, and l.lris CDP/PUD plan
contain a proposal for the installation of private street improvements,
the City Council of. Ames, Iowa, hereby authorizes that.
Sec. 6. Bindin A reement.
The terms and conditions hereof shall. be binding upon and inure to
the betiefit of the heirs, represe+rtatives, successors, grantees and
assigns of the parties hereto and shall be binding upon all future
owners of all or any .part of the said subclivisiorr and shall be deemed to
be restrictions running wi.th the land in tile chain of title. This
agreement, to be. exec•r+ted by the Developer, shall be placed on record so
as to give notice liereof to subsequent purchasers arrd encuiW rances of
all or any part of the said subdivision, and all recording fees,shall be paid by the CiLv. if any,
Sec. 7. Developer shall submit to the City a bond by a corporate surity
having .offices and a registered agent in the Stale of Iowa, said bond to
be in the undifferentiated amount of. $ 21,100.00
_ as security for
payment of all costs of installatin o of alb the public utilities and
improvements, provided for in this agreement, said bond to be tendered
as a condition of approval of Lhe final plat of the said subdivision.
Said bond shall. be so conditiancd that if all said utilities and improve-
ments are not completed within two years lrom LI+e date of approval_improve
said final plat, in accordance of
.with the. terms and provisions of this
ai
agreement, either Lhe City, or .tile owners of any land within said sub- i
division, or both jointly, shall have a right . Lu hoLh specific perform-
ance of the work undone and payment of the penal suer of the bond to
cover the costs hereof.
Sec. 8. The City shall be afforded notice of and an opportunity to review and comment oil contracts for improvements covered by this agree- j
ment and let by Developer for improvements in said subdivision so that
the City can 'determine if Lire work contracted is that needed to accom-
plish the approved Plans. All such contract:; shall be secured by faith- I.ful performance bonds running to Llie benefit of tire in the subdivisio owners of. property
n, and all contractors shall he required to carry
insurance coverage suff.icicut to indemnify against reasonably fore- "seeable builders' risk, casually and public liability.
Seca 9: This agreement is not intended,
and it shalt -not be deemed, to '
have relieved the Developer of any of its obligations under state or
federal laws, or ordinances of the City of Anurs, Iowa, or to have trans-
ferred any such obligations to the City.
Sec. 10. Insofar as they pertain to Developer or City, all notices,
demands, claims or communications relating Lo or arising out of this
agreement shall be properly aril adequately served and made if sent by i .
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certified mail , return receipt requested. Any notices, demands, -claims
or communications sent to tiro Developer shall be sent to the President,
ISU Research Foundation, -��� ��� ,.
50010. Any notices, demands, claims o ru11��c i! sent tomes City
shall be sent to Ames. City Manager, City of Ames, 621 Main Street, Ames
Iowa 5001U. ,
Sec. 11. It is expressly understood andagreed that should the City •I
determine that there is any default in the performance of any aspect of
this agreement by the, Developer the City shall
ice
to cure, not to exceed thirty days, in addition to itser rrightsbunderle ithe d
bond as aforesaid, withhold any or all building and zonin •!
occupancy permits and letters of compliance rrn-der City codes Puntilltile
default is cured to the satisfaction of tine City.
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Sec. 12. This agreement shall be binding on tilt! heirs, admini.str-ators, .�
executors, personal representatives arid assigns of the Developer, its.
successors
grantees and assigns..
IN WITNESS WIIERE:OF, the parties hereto have c:ruscld this instrument to be. -
signed arid sealed by their authorized representatives as of tire date
first above written.
DEVELOPER: I
ISU RESEARCH FOUNDATION CITY:
CITY OF AMES
: i
BY
t
F. Par�l Goo •-�l'�,
aYor
Atte"4t; j
BY i
Secretar ' // Nan, y Gibr'rs, pity` Ivlerk �
.r, Mills, Y/Yreax�irer.
� .•.fir
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BON PAGE
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CITY ACKNOWLEDGMENT:
STATE OF IOWA )
.COUNTY OF STORY ss.
On this 23rd .day of April-A. D. , 19859 before me,, the undersigned a not
public in and for the State of Iowa, personallya notary
Nancy Gibbons tome personally known, who, beig byerneedujy swor.nGdidlsay that
they are the Mayor and City Clerk, respectively, of said City; that the seal
affixed thereto is the seal of said City; that .said instrument was signed and i
sealed on behalf of said City by authority of its City Council and that the said
Mayor and City Clerk as such officers, acknowledged the execution of said
instrument to be the voluntary act and deed of said City, by it and b them
voluntarily executed, y
i
Notar Pub 7n and for ie State
of Iowa
CORPORATION ACKNOWLEDGMENT s'," HMCY1DIONIGI
. UV COADIWON IRES
STATE OF IOWA �-
COUNTY OF STORY SS.
On this Au�day ofka-ijeof
A. D. , 1985, before me the underpublic in and for the signed, a notar Iowa, personally appeared Richard E. Ross and
Daniel L. Griffen, Jr, to me personally known, who, being by are duly sworn did
say that they are the President and Secretary/Treasurer, respectively, of said
corporation; (that no seal has been procured by said corporation) (the seal
affixed hereto is the seal of the said corporation).
signed on behalf of said corporation by authority of its a Boarddofnstrument Directors,raand
that said President and Secretary/Treasurer as such officers; acknowledged the ,
execution of said instrument to be the voluntary act and deed of said I
corporation, by it and by them voluntarily executed.
UAW
tf Y1�dStd1Pl IRES ��� f L�heate
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"R �� Notary Pub is in an f
Of Iowa
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