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HomeMy WebLinkAboutA005 - Agreement for Public Improvements dated March 13, 1989 I i iNST.N . � CJ ST01,ly COUNTY, IOWA � M FIL D FOR RECORD M � PR 1989 RM� AGREEMENT FOR PUBLIC IMPROVEMENTS S'USAN L VANDE KAMP,ReCordal FIRST ADDITION TO SOUTHWOOD SUBDIVISION., Recordi Fee$ r) OF AMES, IOWA Auditor' Fee$ THIS AGREEMENT is made this _ 1 3 day of March,.• 1989 , by and between South Duff Development Partnership, an Iowa General Partnership, with its principal place of business at , Ames, Story County, Iowa ( "Owner" ) , AND the City of Ames, Iowa, a municipal corporation ( "City" ) , WITNESSETH: WHEREAS, Owner is in the process of `-platting real estate to be known as FIRST ADDITION TO SOUTHWOOD. S.LJBDIVISION OF AMES, IOWA, and WHEREAS, Owner is .required to construct certain improvements and utilities within the proposed subdivision and to pay .reasonable engineering and inspection fees therefor, all as .part of the platting procedures of the City of. Ames, Iowa, NOW, THEREFORE, in consideration of the premises and the approval of said plat by the City of Ames•, Iowa, it is hereby AGREED that Owner shall deposit with City a certified check in the sum of $ 3.5- Uo 0 or a surety bond, conditional, upon the completion o streets, street lights and street signs in accordance with the plans and specifications therefor within said subdivision as required by the City. IT IS FURTHER AGREED that the City re-serves the right to construct said improvements in the event that the Owner fails to do so and to cover the costs thereof with the certified check or the surety bond as the case maybe. IT IS FURTHER AGREED that all improvements within said subdivision required by the City shall be completed within two ( 2 ) years from the date of the acceptance and approval of the final plat by the City Council of the' City. IT IS FURTHER AGREED that upon satisfactory completion of said improvements and utilities, including the payment of reasonable engineering and inspection fees therefor, the surety bond shall be released and the bondsman exonerated, or the certified check returned to the. Owner, as the case may be. Executed the date and year first above written. SOUTH DUFF DEVELOPMENT ' PARTNERSHIP, an Iowa General artnership By ../�,. D3TgXs G. Pyle, Partner CITY OF AMES, Z,� By d, y Steven L. Scha-ink� n r, r'5" ! , City Manager C � .. <. �� C I •r'a;661Cd0lSO4�� NEWBROUGH,JOHNSTON, BREWER,MADDUX &NADLER AMES.IOWA BOOK PAGE lqo -2- Approved as to form and content: Jo n R. Klaus-1 Ames City Attorney Paul Wiegandj Ames City Engineer STATE OF IOWA ) ss . COUNTY OF STORY ) P On this day of `'� , 1989 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Douglas G. Pyle, to me personally known, who, being by me duly sworn, did say that the person is. one of the partners of South Duff Development Partnership, a partnership, and 'that the instrument was signed on behalf of the partnership by authority ' of the partners, and the partner acknowledged the execution of the instrument to be the voluntary act and deed of . the partnership, by it and by the partner voluntarily executed. c~OVAL FRANK B.JOO-NS T 01'.1 MY COMMI SION EXPIRES Notary Public in a d for the State of Iowa STATE OF IOWA ) ss. COUNTY OF STORY ) On this aq'� day of 1989 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Steven L. Schainker, to me personally known, and who, being by me duly sworn, did state that he .is .the City Manager of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal -of the municipal corporation, and that the instrument was. signed and sealed on behalf of the corporation by authority of its City Council , and Steven L. Schainker acknowledged the execution of this instrument to be his voluntary act and deed and the voluntary act and deed of the municipal corporation, by it voluntarily executed. .o Notary Public in and r the Stat of Iowa 10ANCY1 DIONIG1 Mf I"Oie;AISSION EXPIRES • o P. - 6 - Gam. NEWBROUGH,JOHNSTON, BREWER,MADDUX BOOK PAGE &NADLER AMES.IOWA i D 1989 AFPR -5 [14 3: 1 it ' i I -- I + i L. I Cush �. 0 Sa!ers i