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HomeMy WebLinkAboutA005 - Agreement for Public Improvements dated January 27, 1997 ter.NO." b; STORY COUNTY,IOTA ✓ir f FILED FOR RECORD R MAR 1 1997 T G aw44E , RwodM Fee$ kudWs Fee$ �— Instrument prepared by: Frank B. Johnston, P.O. Box 847, Ames, IA 50010-0847; 515-232-176.1 AGREEMENT FOR PUBLIC IMPROVEMENTS JEWEL PARK SUBDIVISION PLAT 1, AMES, IOWA THIS AGREEMENT is made this � day of e'.IkW yctr y , 1997, by and between JEWEL PARK ASSOCIATION, INC., an Iowa corporation, and JEWEL PARK, L.C., an Iowa Limited Liability Company ("Owners"), and the CITY OF AMES, IOWA, a municipal corporation ("City"), WITNESSETH: WHEREAS, Owners are in the process of platting real estate to be known as JEWEL PARK SUBDIVISION PLAT 1, AMES, IOWA, and WHEREAS, Owners are required to construct certain improvements within the proposed subdivision and to pay reasonable engineering and inspection fees therefor, all as part of the platting procedures of the City of Ames, Iowa, NOW, THEREFORE, in consideration of the premises and the approval of said plat by the City of Ames, Iowa, it is hereby AGREED that Owners shall deposit with the City a certified check in the sum of Twenty Thousand Dollars ($20,000.00);or a surety bond or bank letter of,credit in such amount, conditional upon the completion of sanitary sewer construction in accordance with the plans and specifications therefor within said subdivision as required by the City. 2 IT IS FURTHER AGREED that Owners shall have completed the installation of the sanitary sewer service collection within two (2) years of the date of approval of the Final Plat. IT IS FURTHER AGREED that the City reserves the right to construct said improvements in the event that the Owners fail to timely do so and to cover the costs thereof with the certified check, the surety bond, or the bank letter of credit, as the case may be. IT IS FURTHER AGREED that upon satisfactory completion of said improvements, including the payment of reasonable engineering and inspection fees therefor, the surety bond shall be released and the bond exonerated, or the certified check or letter of credit returned to the Owners, as the case may be. Executed in duplicate the date and year set forth opposite the respective signatures of the parties. JEWEL PARK, L.C., By: Jensen Property Management, Inc. By A . Dickson D. Jedretary , President and MEMBER OF JEWEL PARK, L.C. And ��- 02333 ��� 3 By: Larson a lopment C oration By 7— Jame R. Lar on II, Presi nt and Secretary MEMBER OF JEWEL PARK, L.C. (THE ABOVE IDENTIFIED CORPORATIONS CONSTITUTE ALL OF THE MEMBERS,OF JEWEL PARK, L.C.) JEWEL PARK ASSOCIATION, INC. By wrence N. Roden, resident 0 By ribeth Carlson, Secretary CITY OF AMES, IOWA (Date) I Paul D. Wiegand P.E., Public Works Director CITY Approved as to form and content: ,Jdin R. Klaus, Ames City Attorney ql----02333 � � 4 STATE OF IOWA ) ss. COUNTY OF STORY ) On this 21�' day of J" J 1997, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Dickson D. Jensen and James R. Larson 11, each of who are to me personally known, who, being by me duly sworn, did state that Dickson D. Jensen is the President and Secretary of Jensen Property Management, Inc., an Iowa corporation, and a member of Jewel Park, L.C., an Iowa limited liability company, and that James R. Larson II is the President and Secretary of Larson Development Corporation, an Iowa corporation, and a member of Jewel Park, L.C., an Iowa limited liability company; that no seal has been procured by either of said corporations, nor by said limited liability company; that said instrument was signed on behalf of Jensen Property Management, Inc., as a member of Jewel Park, L.C., and on behalf of Larson Development Corporation, as a member of Jewel Park, L.C., by the authority of both corporations' Board of Directors and by the authority of said limited liability company's managers, and that the said,Dickson D. Jensen and James R. Larson II acknowledged the execution of the instrument to be the voluntary act and deed of said corporations as the managers and as members of said limited liability company, by it voluntarily executed. • Notary Public in 4nd for the State of Iowa STATE OF IOWA ) ss. COUNTY OF STORY ) On this 2 "" day of J U 1997, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Lawrence N. Roden and Maribeth Carlson, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of the corporation executing the within and foregoing instrument; that no seal has been procured by the corporation; that said instrument. was signed on behalf of the corporation by authority of its Board of Directors; and that Lawrence N. Roden and Maribeth Carlson, as officers, acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. p�spa�+a Notary Public in and f r the State of Iowa q�- 02333 ��� 5 STATE OF IOWA ) ss. COUNTY OF STORY ) On this day of F�bcu , 199 before me, the undersigned, a Notary Public in and for the State of Iowa, per§onally appeared Paul D.Wiegand, to me personally known, and who, being by me duly sworn, did say that he is the Public Works Director of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the municipal corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its City Council; and that Paul D. Wiegand acknowledged the execution of this instrument to be his voluntary act and deed and the voluntary act and deed of the municipal corporation, by it voluntarily executed. .ice i3'' ,-r"4 �'1l4rMra 4PsiIN d Notary Public in and f r t State of Iowa5 ��fa3i 5t2a it ;x r n enr V 4 i i i s lit I�Fn ` rr MAV �+ c� tE ��R�S�5 r S"' '• ��5 4i� i -6`s�.�t� 4 Fait ice'+ tia kt�tre}t� L RYAP4 �-R� r' yy�tr �2,�1111 P OSNA � 11 F s} V 1+�5k.