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HomeMy WebLinkAboutA010 - Agreement for Installation of Required Public Improvements dated October 26, 1994 r o AGREEMENT FOR INSTALLATION OF REQUIRED PUBLIC IMPROVEMENTS THIS AGREEMENT is made this 7�' day of "C' , 1994, by and between the City of Ames, Iowa, party of the first part, and Frank Schill and Sons, Inc. , 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 Country Gables Eighth 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 party of the second part has not completed the following operations as described and set forth in the plat of the Country Gables Eighth Addition to Ames, Iowa: Street Paving (final coat) $5,000.00 Street Lights 2,400.00 Total $7,400.00 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 make said improvements, and WHEREAS, it has been estimated that the cost of completing said improvements will not exceed the sum of $7,400.00. NOW, THEREFORE, IT IS AGREED by and between the parties as follows: 2 1. That the party of the second part has delivered a Certified Check payable to City of Ames, Iowa, and does hereby agree to complete said improvements. 2 . That two Certified Checks, for $2,400.00 and one for $5,000.00, have been deposited with the City of Ames 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 Certified Check for $7,400.00 shall be released, surrendered and exonerated. 4 . That all of said improvements shall be completed by the party of the second part within twelve ( 12) months of the date of this Agreement or as soon thereafter as the final construction in the subdivision is completed. 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. IN 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 Public Works rector FRANK SCHILL AND SONS, INC. By , -��ry - Frank A. Schill, President By _" '-' / J e E. Schill, Secretary An irregular shaped portion of . OUTLOT "B" COUNTRY GABLES FIFTH ADDITION, AMES, STORY COUNTY, IOWA, all of which is more accurately described as follows: Commencing at the South 1/4 Corner of Section 14T83NR24 West ok the 5th P.M. Ames, Story County, Iowa, thence N89°-37 'E, along the South Line of the S.E. 1/4 of said Section 14, 50.0 feet, to a point that is on the East Right-of-Way Line of U.S. Highway No. 69, as it is presently established, which is also known as South Duff Avenue, thence NO°-04 '-40"W, along the East Right-of-Way Line of said U.S. Highway No. 69, said line being parallel with and 50.0 feet East of the West Line of the S.E. 1/4 of said Section 14, 477 .85 feet, to the Center Line of Crystal Street, as it is presently established, thence N89°-36'E, along the Center Line of said Crystal Street, 616.0 feet, thence continuing N89°-36 'E, along the Center Line of said Crystal Street, 10.0 feet, thence NO*-12 'W, 155.0 feet, to the S.W. Corner of said OUTLOT "B" , and to the POINT OF BEGINNING, said point being the N.W. Corner of Lot 12, in said Fifth Addition, thence continuing NO*-12 'W, 286.0 feet, thence N89°361E, 2. 0. feet, thence continuing NO*-12 'W, 54.0 feet, thence continuing NO*-12 'W, 343.2 feet, to the N.W. Corner of said OUTLOT "B" , thence S89°-51 '-40"E, along the North Line of said Fifth Addition, 1079.08 feet, to the N.W. Corner of Lot 1, Country Gables Second Addition, thence SO°-08'-20"W, along the West Line of said Lot 1, 130.0 feet, thence S12°-051E, 61.40 feet, to the N.W. Corner of Lot 12, in said Second Additiori;' thence NO°-08 '-20"W, 135.0 feet, to the S.W. Corner of said Lot 12, thence N89°-511- 40"W, along the South Line of said OUTLOT "B", 110.2 feet, thence continuing N89°-51 '-40"W, 24 .8 feet, thence S78°-47 'W, 74 .45 feet, thence S69°-29 'W, 313.69 feet, thence S89°-48'W, along the North Line of OUTLOT "Z" in said Fifth Addition, 120.0 feet, thence SO°- 121E, 25.0 feet, thence N89°-48 'E, along the South Line of said OUTLOT "Z" , 120.0 feet, thence SO*-12 'E, 167 .35 feet, to the N.E. Corner of Lot 7, in said Fifth Addition, thence S89°-36 'W, 180.0 feet, thence SO*-12 'E, 35.0 feet, to the N.E. Corner of Lot 8, in said Fifth Addition, thence S89°-36 'W, along the North Lines of Lots 8, 9, 10, 11 and 12, in said Fifth Addition 410. 0 feet to the POINT OF BEGINNING. Said tract of land being subject to and together with any and all easements of record. SAID TRACT OF LAND CONTAINS 13. 175 ACRES. Said tract of land shall hereafter be known as Lots 1 through 13, inclusive; Country Gables- Eighth Addition, Ames, Iowa. . . SCHEDULE "A"