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Home My WebLink AboutA004 - Agreement with Subdivision Developers as to Streets, Utilities and Other Public Improvements dated February 26, 1991 a AGREEMENT WITH SUBDIVISION DEVELOPERS AS TO STREETS, UTILITIES AND OTHER PUBLIC IMPROVEMENTS PERTAINING TO QUIKTRIP SUBDIVISION, AMES, IOWA THIS AGREEMENT, made this 26th day of :February , 1991, by and between the CITY OF AMES, IOWA (hereinafter called "City") ; and QUIKTRIP CORPORATION, its heirs, successors and assigns (hereinafter called "Developer") , WITNESSETH THAT: WHEREAS, the Developer is the contract purchaser of certain land within the City described as: Parcels "A" and "B" as shown on the Plats of Survey filed for record on the 27th day of February , 1991, in Certificate and Field Notes Book 9 , Page 247 and in Certificate and Field Notes Book 9 , Page 248 , respectively, in the office of the Story County, Iowa Recorder, which the Developer intends will become Lot 1 in QUIKTRIP SUBDIVISION, AMES, IOWA; and WHEREAS, it is desired that there be an agreement between the Developer and the City as to the public improvements to be made on the real estate described above; NOW, THEREFORE, the parties hereto have agreed and do agree as follows: Section 1. Developer's Warranty of Title. The Developer represents that it is the contract purchaser of the real estate described above with full authority to bind the development of said land under the terms and conditions of this agreement; and, that when the final plat of each phase is filed the requirements of title set out in Section 409A. 11 Code of Iowa shall be met. Section 2 . Bikepath/Walkway System. 2. 1 The Developer shall construct at Developer's sole expense, a bikepath/walkway system in accordance with the plan set out in Appendix A and the specifications for materials and methods of construction established by the City. Section 3 . Storm Water. 3 . 1 The Developer shall construct, at Developer's sole expense, a storm water sewer system in accordance with the plans, specifications for materials, and methods of construction established by the City. -2- Section 4. Streets. The Developer shall construct at Developer's sole expense, street improvements in accordance with the plans set out in Appendix A, and the specifications for materials and methods of construction established by the City Engineer, including the modification of the existing street lighting system. Section 5. Water. The Developer shall grant the City permanent easements for and construct at the Developer's sole expense, a water distribution system in accordance with the plans set out in Appendix A, and the specifications for materials and methods of construction established by the City's engineers. Section 6. Sanitary Sewer. The Developer shall grant the City permanent easements for and construct at Developer's sole expense, a sanitary sewer system in accordance with plans set out in Appendix A and the specifications for materials and methods of construction established by the City's engineers. Section 7. Electric Utility. The Developer shall grant the City perpetual easements for the electric distribution system. Section 8. Design of Public Improvements-Responsibility of City. The City of Ames agrees to design and prepare the construction plans for the public water distribution system, sanitary sewer system, storm sewer and streets. Section 9. Binding Agreement. The terms and conditions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, grantees and assigns of the parties hereto and shall run with the land. Section 10. Performance bond. Developer shall submit to the City a bond by a corporate surety having offices and a registered agent in the State of Iowa, said bond to be in such undifferentiated amount as the City's Engineer requires for each phase of the subdivision as security for payment of all costs of installation of all the public utilities and improvements provided for in this agreement with respect to such phase, said bond to be tendered as a condition of approval of the final plat of the said subdivision. Said bond shall be so 4 1 -3- conditioned that if all said utilities and improvements are not completed within two years from the date of approval of said final plat, in accordance with the terms and provisions of this agreement, either the City, or the owners of any land within said subdivision, or both jointly, shall have a right to both specific performance of the work undone and payment of the penal sum of the bond to cover the costs thereof. When all improvements for all phases are completed, the City will issue a release of obligation to that effect. Section 11. Contract Review. The City shall be afforded notice of and an opportunity to review and comment on contracts for improvements covered by this agreement and let by Developer for improvements in said subdivision so that the City can determine if the work contracted is that needed to accomplish the approved plans. All contractors shall be required to carry insurance coverage sufficient to indemnify against reasonably foreseeable builder's risk, casualty and public liability. Section 12 . Laws Apply. This agreement is not intended, and it shall not be deemed, to have relieved the Developer of any of its obligations under state or federal laws, or ordinances of the City of Ames, Iowa, or to have transferred any such obligations to the City. Section 13 . Notices. Insofar as they pertain to Developer or City, all notices, demands, claims or communications relating to or arising out of this agreement shall be properly and adequately served and made if sent by ordinary mail. Any notices, demands, claims or communications sent to the Developer shall be sent to JOHN KNAPP, QUIKTRIP CORPORATION, 3030 MERLE HAY ROAD, DES MOINES, IA 50314. Any notices, demands, claims or communications sent to the City shall be sent to Ames City Manager. Section 14. Remedies. It is expressly understood and agreed that should the City determine that there is any default in the performance of any aspect of this agreement by the Developer the City shall, after reasonable notice to cure, not to exceed thirty days, in addition to its rights under the bond as aforesaid, withhold any or all building and zoning permits, occupancy permits and letters of compliance under City codes until the default is cured to the satisfaction "of the City. IN WITNESS WHEREOF, the parties hereto have caused this instrument -4- to be signed and sealed by their authorized representatives as of the date first above written. Dated at .Ames, Iowa , this 26th day of February , 1991. CITY O ES, IOWA QUIKTRIP CORPORATION;; ;. BY , V ,;44 ykt4 LARRY R. UR S, Mayor Y Attest: B / -- NANCY DIONI , City Cle STATE OF IOWA ) ss: STORY COUNTY ) On this 2Hth_ day of February , 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and LARRY R. CURTIS and NANCY DIONIGI, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; and that said instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in Resolution No. 91-70 passed on the 26th day of - _ , 19 91 , and that the said LARRY R. CURTIS and NANCY DION GI acknowledged the execution of the foregoing instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,' by it and by them voluntarily executed. D6ANE R.1 Gi: a I -O "7 Notary Public, State of Iowa STATE OF OKLAHOMA ) ss: t! `'COUNTY OF Yu I ) On this - day of , 1991, before me, the undersigned, a Notary Public �andfor said County and said -5- $�ate, personally appeared �, and to me personally known, wl�p eing py me duly w n, did say that they are the ��0 7ZJ ,o, g" and respectively, of the corporation executing the within and foreg6ing instrument, that # ) (the seal affixed thereto is the seal of the) corporation; that said instrument was signed (and sealed) on behalf of the corporation by authority of its Board of Directors; and that and ,_.Q \�( ) -: as officers acknowled led the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public 4in &nd_f-_O'&-: sdt; State