HomeMy WebLinkAboutA019 - Agreement for Installation of Required Public Improvements dated April 3, 1984 AGREEMENT FOR INSTALLATION OF REQUIRED
PUBLIC IMPROVEMENTS
THIS AGREEMENT is made this 3'� day of
,
1984, by and between the City of Ames , Iowa, party of the first part
and Stone Brooke Partnership , party of the second part , WITNESSETH:
WHEREAS , the party of the second part is the developer
of the real estate described as follows , to-wit :
SEE SCHEDULE "A" ATTACHED HERETO AND MADE A
PART HEREOF CONTAINING THE CORRECT LEGAL
DESCRIPTION, and
WHEREAS , the party of the second part is in the process
of platting said real estate described as First Addition, Stone
Brooke Subdivision, in the City of Ames , Iowa, and the plat of
the same together with all supporting instruments , having been
submitted to the City Council of the City of Ames for approval , and
WHEREAS , the party of the second part has not completed
the following operations as described and set forth in the plat of
the First Addition, Stone Brooke Subdivision, in the City of Ames ,
Iowa:
Streets $196, 000 . 00
Sanitary Sewer 9 , 000 . 00
Storm Sewer 8 , 000 . 00
Water Main 3, 200 . 00
Street Signs 500 . 00
Street Lights 9, 800 . 00
Walkways 9 , 500 . 00
Total $236 , 000 . 00
and it is desired by the parties hereto to make provisions
therefore, and
.WHEREAS, the party of the second part shall assume the
responsibility for making said improvements , and
WHEREAS, it has been estimated that the cost of completing
said improvements will not exceed the sum of $236 , 000 . 00 , and
WHEREAS, First Addition, Stone Brooke Subdivision, in the.
City of Ames , Iowa, does not include the proposed storm water
detention basin; therefore, it will be necessary to construct a
silt basin at the outlet of the storm sewer to serve as an interim
measure until the next addition to Stone Brooke Subdivision is
developed and the storm water detention basin is built .
LAW OFFICES
AYER, STEENSLAND
& LATHROP
AMES, IOWA 50010
a o
-2-
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS :
1. That the party of the second part has executed a
bond agreeing to complete the above-described
improvements pursuant to said bond agreement .
2 . That said bond agreement is attached hereto and
made a part hereof.
3 . That upon the completion of all of the said
improvements to the satisfaction of the party
of the first part, said bond shall be released,
surrendered and exonerated.
4. That all of said improvements with the exception
of the walkways , shall be completed by the party
of the second part within twelve (12) months of
the date of this agreement. The walkways shall
be completed within twenty-four (24) months of
the date of this agreement . In the event of the
failure of the party of the second part to
complete all of the said work as herein agreed,
the party of the first part may perform said work
and recover the cost thereof.
5 . That the party of the first part agrees to
maintain the silt basin constructed at the
outlet of the storm sewer and that the party
of the second part agrees to reimburse the
party of the first part on an annual basis
for their expense in maintaining said basin.
IT WITNESS WHEREOF, this agreement is signed the day
and year first written above by the City Manager on behalf of the
City of Ames , Iowa, and by the party of the second part .
CITY OF AMES , IOWA
By:
City Manager
STONE BROOKE PARTNERSHIP
By :
?��`
E . A. Hunzi er - Gene
By: 'L j_: .Lv l
Frank W. A en - General Partner
LAW OFFICES
YER. STEENSLAND
& LATHROP
AMES. IOWA 50010
DESCRIPTION
..First Addition,
Stone Brooke '.Subdivis ion,
in the City of Ames , Iowa
A part of the East-half (E 1/2) of the Northwest Quarter
(NW 1/4) of Section. 27 - . T84N - R24W of ttie' 5th P .M. ,. in 'the' City!'" .
of Ames', Story County,- Iowa; described as follows :
"Commencing at the Southeast '(S .E.) corner of the NorthwestJ'"
Quarter (NW 1/4) of Section, 27 - T84N -'. R24W of -the 5th P :M,
the City of Ames , Story County, *Iowa ; thence S 89 ° 0.4 ' 00" W, 850 .00
feet along the south line of the MAI 1/4 of said Section 27 , to the
Point of Beginning ; thence .N 00 ° 24 ' 20" E',. 400 .00 feet along a,^:
line parallel with the east. ;line o£ the NW 1/4; thence N 890
00" E . 480 .96 feet ,along a line parallel with the south line of
the NW 1/4 ; thence *N 080 54 ' . 45" E , 264. 10• feet to *a point 330 .00,
feet west of -and 660 .00 feet north of _the S .E, corner of the
NW 1/4 ; thence N 16° 34 ' 24" W, '212 . 70 feet; thence S 74° 37 ' 50
W, 120 .00 feet ; thence -N 15° 22' 10" W, 121.17 feet thence N ' 11'.:'':'
20 ' 44" W; 60 .03 feet ; thence N 13° 11 ' 407. W, 318 . 83 feet; thence
S 85 29 ' 15" W, 332. 87 feet ; thence S 22° 25 ' 45" W, 74'. 18 feet;
thence N 670 34 ' 15" W, 120 .00 feet ; 'thence N 69-° 09 ' 10" W,• 60•:10,`•
feet ; thence N 89 38 ' 25" W, 162 . 73 feet ; .. thence S 00 ° 21 ' 35
1,307 . 68. feet along the west line- of the .E 1/2 .- NW ' 1/4 ; thence` v";�
N 890 04 ' 00" E; 466 .11 feet to the ,Point of Beginning . " t '
Subdivision contains 2.1. 96
SCHEDULE "A'.'
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