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HomeMy WebLinkAboutA013 - Agreement for Public Improvements dated December 20, 1999 00 - 00662 INST.NO.SFO ET A FILED RRCO �¢. I AM �+ JAN 2 0 2000 SUSAN L.VAN P.Recorder RgCppDINQ FIE $ �jpITOR'S FEE$ DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: John R.Klaus City of Ames Legal Department,515 Clark,Ames Iowa 50010(Phone:515 239 5146) AGREEMENT FOR PUBLIC IMPROVEMENTS The parties to this Agreement, made pursuant to Section 23.304, Ames Municipal Code, are Convalescent Home for Children Foundation, 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 a subdivision of real estate to be known as Walter Family Campus Subdivision, Ames, Story County, Iowa; and WHEREAS,the Owners are required to construct certain improvements and utilities within the real estate, to wit: Bike Path and Electric, by not later than February 1, 2001, 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$19,000.00 conditioned upon the completion of the said improvements and utilities, by the said date, as required by the City for said Subdivision, in accordance with plans and specifications on file with the City's engineers and by this reference made a part of this agreement. 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, letter of credit 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 December, 1999. OWNERS: CITY OF AMES, IOW Convalescent Home for Children Foundation Inc. r _ By By: yd VanderKwaak, President Paul Wieg�> a}�& ° �. � }�}:, 4'[S Ian Director ofPube°�Vprks ¢# 2 ' STATE OF IOWA )SS: COUNTY OF POLK ) On this day of December, 1999,before me,the undersigned, a Notary Public in ,.,eceeto¢a ,, anc °foz;said County and State,personally appeared Lloyd VanderKwaak to me personally known, �v11o;.bein b me g y duly sworn, did say that he is the President of said corporation executing the within and,foregoing instrument;that said instrument was signed on behalf of said corporation by authority of its Board of Directors;and that the said President as such officer acknowledged the ,lexecution of said instrument to be the voluntary act and deed of said corporation,b it and b him Y k `'"� lvoluntar lI executed. 7� Notary Public in and or the State of Iowa ►n'1�c�nct�1 �' Co re�2r, STATE OF IOWA ) )SS: COUNTY OF STORY ) On this AC+ day of December, 1999,before me,the undersigned, a Notary Public in and for said County and State,personally appeared Paul Wiegand to me personally known;who, being by me duly sworn, did say that he is the Director of Public Works of said corporation executing the within and foregoing instrument;that said instrument was signed on behalf of said corporation by authority of its Board of Directors;and that the said Director of Public Works as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporatio by it and by him,voluntarily executed. a ®&A9E Notary Public in and for the State of Iowa S:\shardata\MJG\Easements\Walter Family Campus Subdivision-Ames\AGREEMENT FOR PUBLIC IMPROVEMENTS.doc 2 00 - 00 662 ( z)