HomeMy WebLinkAboutA005 - Agreement RE Grading of Streets, Installation of Sanitary Sewer and Other Utilities or Improvements AGREEMENT RE GRADING OF STREETS, INSTALLATION OF
SANITARY SEWER AND OTHER UTILITIES OR IMPROVEMENTS.
THIS AGREEMENT made this 1st day of October , 1963
by and between the City of Ames, Iowa, party of the first part, and
Phil Coy and Sons, a partnership composed of Jack Coy and Richard Coy;
Jack Coy, Richard Coy and Richard K. Bliss, parties of the second part;
W I T N E S S E T H :
That WHEREAS the parties of the second part are the owners of the
real estate described as follows, to-wit:
Beginning at the Southeast corner of the Southwest Quarter
(SW of the Northeak Quarter (NEI) of Section 34, Town-
ship 84 North, Range 24 West of the 5th P. M. , St ory County,
Iowa,, thence North 00 101 East along the East line of said
Southwest Quarter of Northeast Quarter (SW41 NE4) 572. 9
feet, thence ;South 890 121 West 1210. 0 feet, thence South
00 101 West 398. 9 feet, thence South 830 561 West 465. 7
feet, thence Northwesterly along a 231. 1 feet radius curve
8. 0 feet,othence North 270 261 West 38. 75 feet, thence
South 62 347 West 190. 0 feet to the East right-of-way line
of the Chicago and Northwestern Railway, thence South 270
267 East along said right-of-way line 98. 42 feet to the South
line of the North Half (Nz) of said Section 34, thence North
890 121 East along said South line of the said North Half of
Section 34, 1817. 2 feet to point of beginning, except that
part thereof described as commencing at the Southeast
corner of the Southwest Quarter of the Northeast Quarter
of Section 34, thence North 00 101 East 572. 9 feet, thence
South 890 127 West 290 feet to point of beginning, thence
continuing South 890 121 West 920 feet, thence South 00
101 West 572. 9 feet, thence North 890 121 East 920 feet,
thence North 00 101 East 572. 9 feet to point of beginning,
WHEREAS the parties of the second part are in the process of
platting said real estate, along with real estate belonging to Ames Communit
School District, as Allenview First Addition to 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 parties of the second part have not completed the
following operations:
Street Paving
Street Sign
Street Lights
Sidewalk
and it is desired by the parties hereto to make provisions therefor:; and
WHEREAS, second parties shall assume the responsibility/for the
making of said improvements; and
HIRSCHBURG, REYNOLDS
GILCHRIST& NUTTY
ATTORNEYS AT LAW
300 MAIN STREET
AMES, IOWA
7
-2-
WHEREAS, it has been estimated that the cost of completing said
improvements will not exceed the sum of $ 12, 364. 00
NOW, THEREFORE, IT IS AGREED by and between the parties
as follows:
1. That the parties of the second part shall deposit with the City
Clerk of the City of Ames, Iowa, a certified check or surety bond in the
penal sum of $ 12, 364. 00 _, conditioned on the satisfactory completion of
said incomplete improvements.
2. That said cashier's check or surety bond of $ 12, 364. 00
shall remain so deposited until the parties of the second part shall have
completed all of the improvements above mentioned to the satisfaction of the
party of the first part.
3. That upon the completion of all of the said improvements to the
satisfaction of the party of the first part said surety bond or cashier's check
in the amount of $ 12, 364. 00 shal l be released, surrendered and exonerated.
4. That all of said improvements, except sidewalk, shall be
completed by the parties of the second part within 12 months of the date of
this agreement, and said side7,valk .31hall be completed by parties of the second
part within 4 months of the date of this agreement. In the event of the failure
of the parties 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 from the certified check or from the sureties on said bond posted
pursuant hereto.
IN WITNESS WHEREOF, this agreement is signed the day and year
first above written by the City Manager on behalf of the City of Ames, Iowa,
and by the parties of the second part.
CITY O MES, IOWA
i
By
John Carpe r, City Manager
i
grty of the First Part
PHIL COY & SONS
By
Partner
ti
Ja Coy
ichar Co j
Richard K. Bliss
Parties of the Second part
HIRSCHBURG, REYNOLDS
GILCHRIST& NUTTY
ATTORNEYS AT LAW
300 MAIN STREET
AMES, IOWA