HomeMy WebLinkAboutA005 - Agreement for Construction of Improvements dated June 14, 1988 AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS ON
SOUTHERN HILLS INDUSTRIAL PARK
TO THE CITY OF AMES , IOWA
THIS AGREEMENT, made this 14th day of June ,
1988 , by and between RICHARD H. SEVDE , MARGUERITE SEVDE ,
RANDY SEVDE and KARIN SEVDE (hereinafter called "Develop-
ers") , their successors , grantees and assigns ; and THE CITY
OF AMES , IOWA (hereinafter called "City") .
WITNESSETH:
WHEREAS , Developers state and warrant that they are the
sole owners of certain land situated within the City of Ames ,
Iowa, for which they and the owners of adjoining property
seek the approval of the City of a proposed subdivision and
subdivision plat as required by Chapter 409 of the Code of
Iowa, to be known as Southern Hills Industrial Park to the
City of Ames , Iowa; and
WHEREAS , Developers are desirous of developing said land
in a manner consistent with a development plan approved by
the Planning and Zoning Commission and the Ames City Council ;
and
WHEREAS , it is deemed necessary that there be an agree-
ment between Developers and City relating to the construction
of public improvements on a portion of said subdivision.
NOW, THEREFORE, the parties hereto have agreed and do
agree as follows :
1 . Developers ' Warranty of Title. The Developers
hereby warrant and represent to the City as inducement to the
City 's entering into this Agreement , that the Developers own
the real estate to be platted as Southern Hills Industrial
Park, in fee, and that the Developers have full authority to
enter into this Agreement.
2. Installation of Public Improvements - Responsibili-
ties of Developers .
a. The Developers agree, to construct the street lights
for Southern Hills Industrial Park. The street lights shall
be public, and after acceptance by the City, they shall be
the responsibility of the City of Ames .
b. The City agrees to have the construction plans for
the street light system complete and ready for use by the
Developers within 21 days after the City has received the ap-
propriate survey information which will enable the City to
prepare such construction plans . The City Engineer shall
determine when the appropriate survey information has been
made available to the City.
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3 . 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 par-
ties hereto and shall be binding upon all future owners of
all or any part of the said subdivision and shall be deemed
to be restrictions running with the land in the chain of ti-
tle. This Agreement , to be executed by the Developers , shall
be placed on record so as .to give notice hereof to subsequent
purchasers and encumbrances of all or any part of the said
subdivision, and all recording fees , if any, shall be paid by
the City.
4. Developers shall submit to the City a certified
check payable to the City or a bond by a corporate surety
having offices and a registered agent in the State of Iowa,
said check or bond to be in the undifferentiated amount of
$1 , 300 .00 as security for payment of all costs of installa-
tion of the public improvement. Said check or bond shall be
tendered as a condition of approval of the final plat of the
said subdivision. Said check or bond shall be so conditioned
that if all said improvements are not completed within one
(1 ) year from the date of the approval of the final plat, in
accordance with the terms and provisions of this Agreement,
the City 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.
5. The City shall be afforded notice of and an oppor-
tunity to review and comment on contracts for improvements
covered by this Agreement and let by Developers for improve-
ments in said subdivision so that the City can determine if
the work contracted is that needed to accomplish the approved
plans . All such contracts shall be secured by faithful per-
formance bonds running to the benefit of the owner(s ) of
property in the subdivision, and all contractors shall be re-
quired to carry insurance coverage sufficient to indemnify
against reasonably foreseeable builders ' risk, casualty and
public liability.
6 . This Agreement is not intended, and it shall not be
deemed, to have relieved the Developers of any of their obli-
gations under state or federal laws , or ordinances of the
City of Ames , Iowa, or to have transferred any such obliga-
tions to the City.
7 . Insofar as they pertain to Developers or City, all
notices , demands , claims or communications relating to or
arising out of this Agreement shall be properly and adequate-
ly served and made if sent by certified mail, return receipt
requested. Any notices , demands , claims or communications
sent to the Developers shall be sent to Richard H. Sevde,
1021 Airport Road , Ames , Iowa 50010. Any notices , demands ,
h
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claims or communications sent to the City shall be sent to
Ames City Manager, City of Ames , 621 Main Street , Ames , Iowa
50010.
8. It is expressly understood and agreed that should
the City determine that there is any default in the perform-
ance of any aspect of this Agreement by the Developers , 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.
9 . This Agreement shall be binding on the heirs , admin-
istrators , executors , personal representatives and assigns of
the Developers , its successors , grantees and assigns .
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be signed and sealed by their authorized repre-
sentatives as of the date first above written.
CITY OF AMES , IOWA
By
RICHARD H. SEVDE Larry--Curt* Mayor- Pro -Tom
By � _
RGYERITE S --E Nancy ibbory , city Clerk
NDY ,E DE
R N SEVD J
AppH A
BY
John
City Attorney