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HomeMy WebLinkAboutA014 - Agreement for Public Improvements A 1 Instrument Prepared By: Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921 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 Fifth 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 to 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 $ 15�10 500 conditional upon the completion of the improvements and utilities as required by the City for said subdivision on or before 0 9 /01 /01 IT IS FURTHER AGREED that City reserves the right to construct said improvements and utilities in the event Owners fail to do so 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 j 6 I y�day of 6 , 1999. 1 i SSI �• � ins ERBEN . HUNZIKER,AS TRUST E OF THE ERBEN A. HUNZIKER REVOCABLE TRUST DATED JULY 28, 1992 STATE OF IOWA, COUNTY OF STORY, ss: On this[ day of , 1999, before me, the undersigned, a Notary Public in and for the State of Iowa, personiftlly appeared Erben A. Hunziker, Trustee of the Erben A. Hunziker Revocable Trust Dated July 28, 1992, 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. Notary Pub in and for tbp State of Iowa r r DONALD M. FURMAN, AS CO-TRUSTEE OF THE DONALD AND RUTH FURMAN REVOCABLE TRUST DATED MARCH 1, 1991 RU H W.FURMAN,AS CO-TRUSTEE OF THE DONALD AND RUTH FURMAN REVOCABLE TRUST DATED MARCH 1, 1991 2 STATE OF IOWA, COUNTY OF STORY, ss: On this/LALay of 0 , 1999, before me, the undersigned, a Notary Public in and for the State of Iowa,personally appeared Donald M. Furman and Ruth W. Furman, Co- Trustees of the Donald and Ruth Furman Revocable Trust Dated March 1, 1991,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 person and of the fiduciary. HILLAR`!&HOWARD My00MMISSIONEXPIREs otary Pub in and for the State of Iowa R. FRIEDRICH & SONS, INC. By: einhard K. Friedrich, Pr`' ent By: Robert K. Friedrich, Chairman STATE OF IOWA, COUNTY OF STORY, ss: On this Lk&day of , 1999, before me, the undersigned, a Notary Public in and for the state of Iowa,person sally appeared Reinhard K.Friedrich and Robert K. Friedrich, to me personally known, who being by me duly sworn, did say that they are the President and Chairman of the corporation, respectively, 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, 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. HILLAW1 A.HOWARD W COMMISSION EXPIRESXW Notary P lic in and for the State of Iowa C:\cdrive\DSK\Somerset\Fifth Addition\AgreePubliclmprove.wpd 3