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HomeMy WebLinkAboutA006 - Agreement for Public Improvements r ' Y "ST.NO. —7 -- 11167 STORY COUNTY, IOWA P 3g FILED FOR RECORD a 1 OCT 1 61997 � � �/( , 3U8AN L VANDLE IRScodng Fee$ a . 'utors Fee$ Document Prepared By: Deborah S. Krauth, P.O. Box 847, Ames, IA 50010-0847; 515-232-1761 AGREEMENT FOR PUBLIC IMPROVEMENTS The parties to this Agreement are ERBEN A. HUNZIKER, TRUSTEE OF THE ERBEN A.HUNZIKER REVOCABLE TRUST, DATED JULY 28, 1992; DONALD M. FURMAN and RUTH W. FURMAN, CO-TRUSTEES OF THE DONALD AND RUTH FURMAN REVOCABLE TRUST, DATED MARCH 1, 1991; and R. FRIEDRICH & SONS, INC., hereinafter referred to as "Owners," and the CITY OF AMES, IOWA, hereinafter referred to as "City." WHEREAS, the Owners are in the process of platting real estate to be known as Somerset Subdivision Second Addition, Ames, Story County, Iowa; and WHEREAS, the Owners are required to construct certain improvements and utilities within the real estate, to-wit: street paving (except Stange Road), sanitary sewer, storm sewer,water main, sidewalk, street lights and walks and paths, and to pay reasonable engineering and inspection fees therefor, all as part of the platting procedure of the City. NOW, THEREFORE, in consideration of the premises, it is hereby agreed that the Owners shall deposit with the City a surety bond, letter of credit or certified check in the amount of $1,750,000.00 conditional upon the completion of the improvements and utilities as required by the City for said Subdivision on or before December 31, 1998. IT IS FURTHER AGREED that City reserves the right to construct said improvements and utilities in the event Owners fail to do so as herein agreed, and to cover the costs thereof with the surety bond or the certified check, as the case may be. IT IS FURTHER AGREED that upon satisfactory completion of the said improvements and utilities, including the paying of reasonable engineering and inspection fees therefor, the bond shall be released and the bondsman exonerated, the letter of credit released or the certified check shall be returned to Owners, as the case may be. Dated this 3X1 day of 4e2�� , 1997. 2 9-7- 11167 (Z) f f l Er en A. Hunziker, as Trustee of the Erben A. Hunziker Revocable Trust dated July 28, 1992 STATE OF IOWA, STORY COUNTY, ss: On this day of 00()&J-J 19Q before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Erben A. Hunziker, as Trustee of the Erben A. Hunziker Revocable Trust dated July 28, 1992, as to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that the person, as the fiduciary, executed the instrument as the voluntary act and deed of the person and of the fiduciary. SUSAN K.OLSON �1 ) Cl� i sio PR s Not Public in and for the State of Iowa ow. onald M. Furma as Tru ee of the RAth W. Furman, Trustee of the Donald and Ruth Furman Revocable Donald and Ruth Furman Revocable Trust dated March 1, 1991 Trust dated March 1, 1991 STATE OF IOWA, STORY COUNTY, ss: On this day of �CL�, 19 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald M. Furman and Ruth W. Furman, as Trustees of the Donald and Ruth Furman Revocable Trust dated March 1, 1991, as to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that the persons, as the fiduciaries, executed the instrument as the voluntary act and deed of the persons and ofthe fiduciaries. cpQ,lAl s9 JEANN'.�A.rTOLEc MY COM"JJS510M EXPIRESNotary Public in and for the State of lbwa 3 C)-7_ 11167 (3� y ' R. Frie & S c. By r R and K. Fffe nc , Pre4dent 14 By __,40��W Rob rt K. Friedrich, Jr., Vice President STATE OF IOWA, STORY COUNTY, ss: On this 2 '— day of � ��,,� 19 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Reinhard K. Friedrich and Robert K. Friedrich, Jr., to me personally known, who being by me duly sworn, did say that they are the President and Vice President, 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 Reinhard K. Friedrich and Robert K. Friedrich, Jr., as such 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. N ary Public in and for the State o Iowa oPp,LaF JEANNIE A.STOLEE MYYWASSION EXPIRES CITY OF AMES , IQWIA. , a By p art P B L I C WO'RK-S CTOA e le "if 4 �.- 11167 ���