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HomeMy WebLinkAboutA013 - Agreement for Public Improvements 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 Third Addition, Ames, Story County, Iowa; and WHEREAS, the Owners are required to construct certain improvements and utilities within the real estate, to-wit: street construction and street lights, 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 $37,000.00 conditional upon the completion of the improvements and utilities as required by the City for said Subdivision on or before November 1, 1999. 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 day of 1998. la . Paul Wiegand, Publ' Works Director 2 Erbe A. Hunziker, as Trustee of the Erben A. Hunziker Revocable Trust dated July 28, 1992 STATE OF IOWA, STORY COUNTY, ss: On this �-j 51 day of 77:� 1998, before me, the undersigned, a Notary Public in and for the State of Io a, 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. kERYA. ARD Notary Pub is and or the State of Iowa Donald . Furman, as Trustee of the th . 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 ('2!4L4= 1998, before me, the undersigned, a Notary Public in and for the tate 6f 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 of the fiduciaries. Notary Public in and for the State of Iowa �tqSUSAN K.OLSON3 E RRES �7-7!o JI"�CJ�ft loWF R. Friedri & Sons, I c. By . ReiAkard K. rie nc , Pre dent By 2 9- AZI 4 Rob rt K. Friedrich Jr., Vice President STATE OF IOWA, STORY COUNTY, ss: On this A/ day of 1998, before me, the undersigned, a Notary Public in and for the Sta of Io a personally appeared Reinhard K. Friedrich and Robert K. Friedrich, Jr., to me perso ly 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 executiop of the foregoing instrument to be the voluntary act and deed of the corporation, b it n by t m voluntarily executed. DEBORAH S.KRAUTH o u lic in and for the State of Iowa MY C MMISO fHES �UWP 4