HomeMy WebLinkAboutA003 - Agreement for Public Improvements dated November 3, 1998 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 Fourth 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$ 73,872.00 conditional upon the completion of the improvements
and utilities as required by the City for said Subdivision on or before 11-1-99 ,
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.
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Erben A. Hunziker, as Trustee of
the Erben A. Hunziker Revocable
Trust dated July 28, 1992
STATE OF IOWA, STORY COUNTY, ss:
On this —3 day of 1998, 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.
2 wa8� JEANN;E A.SEXPI, N a Public in and-for the State of Iowa
MY MMISSIOA�EXPIRES ry
Donald M. Furman, as TFustee of the h 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 3 day of zoie1 1998, before me, the
undersigned, a Notary Public in and for the Sta a 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 of the fiduciaries.
Not6ry Public in and forte State of Io a
MY Co,, 7 -c �
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R. Frie ch &
Y
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R ' and Fne ric , - re ' nt
By
Robe t K. Friedrich, Jr., Vice President
STATE OF IOWA, STORY COUNTY, ss:
On this 3 day of 1998, 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.
. ,�•; f�@Ahr`'`r, -` N ary Public in and for the State of wa
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