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HomeMy WebLinkAboutA008 - Agreement for Installation of Required Public Improvements dated October 8, 1996 AGREEMENT FOR INSTALLATION OF REQUIRED PUBLIC IMPROVEMENTS THIS AGREEMENT is made this 8th day of October, 1996, 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" AND SCHEDULE "B" 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 Ninth 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 an set forth in the plat of the Country Gables Ninth Addition to Ames, Iowa: Street Construction $80,016.00 Street Lights "moo• 41 2,700 Total $92,716.00 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 cast of completing said improvements will not exceed the sum of $92,716.00. 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 the City of Ames, Iowa, and does hereby agree to complete said improvements. 2., That one Certified Check for $92,716.00 has -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 $92,716.00 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 of 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 C �. Public Works D' ector FRA;rank CHILL AND SONS, INC. By �A. .Scchilr, Presi ent By Ja E. Schill, Secretary PROPERTY DESCRIPTION: The Plat of Country Gables Ninth Addition being an Official Repldt of Outlots "C" and "Z" in Country Gables Fifth Addition; and, Outlot "D" in Country Gables Eight Addition and Lot 13 in said Country Gables Eighth Addition is more accurately described as; Beginning at the Southwest Corner of Outlot .'D" in Country Gables Eighth Addition, an Official Plat, Ames, Story County, Iowa; thence, N00°12'-00"W, along the West Line of said Outlot "D", a distance of 343.20 feet, to the Northwest Corner of said . Outlot. "T ; thence, S89°51 '-40"E, along the North Line of said Outlot "D", a distance of 1079.08 feet, to the ' Northeast Corner of said Outlot "D", said point also being the Northwest Corner of Lot 1 , Country Gables Second Addition, an Official Plat, Ames, Story County, Iowa; thence, SOO°08'-20"W, along the East Line of said Outlot "D" and along the West Line of said Lot 1 , a distance of 130.00 feet and to the S.W. Corner of said Lot 1 , thence S12°05'-00"E, along the Easterly Line of said Outlot "D", a distance of 61 .40 feet to the N.W. Corner of Lot 12, in said Country Gables Second Addition; thence, S00°08'-20"W along the East Line of said ' Outlot "D" and along the West Line of said Lot 12, a distance of 135.00 feet, to the Southeast Corner of said Outlot "D" and to the S.W. Corner of said Lot 12; thence N89°51 '-40"W, along the South Line of said Outlot "D" , 110.20 feet, to the Northeast Corner of Outlot "Z", in Country Gables Fifth Addition, an Official Plat, Ames, Story County, Iowa; thence, S00°23'-00"E, along the East Line of Outlots "Z" and "C" , in said Country Gables Fifth Addition, and along the West Line of Lot 9, Country Gables Seventh Addition, an Official Plat, Ames, 'Story County, Iowa, a distance of 166.97 feet to the S.W. Corner of said Lot 9; thence, S34°31 '-51"W along the Easterly Line of said Outlot "C", a distance of 73.16 feet to the N.W. Corner of Lot 10, in said Country Gables Seventh Addition; thence, S89°38'-00"W, a distance of 4.73 feet; thence Westerly, along a 228.19 feet :Radius Curve Concave Northerly, a distance of 5.21 feet, said Curve having a Chord Bearing of 1\189°44'-39"W and a Chord Length of 5.21 feet; thence, S00°02'-20"W along the East Line of said Outlot "C", a distance of 173.10 ,feet, to SCHEDULE "A" PROPERTY DESCRIPTION: CON'T the Southeast Corner of said Outlot "C'; thence, N89°57'-40".W, along the South Line of said Outlot "C" , a distance of -.1 17.35 feet; thence, N37°53'-00"W, along the Southwesterly Line of said Outlot "C" , a distance of 221 .75 feet; thence, N30°1 5'-00"W, along the Southwesterly Line of said Outlot "C" , a distance of 101 .95 feet, to the Southerly Line of said Outlot "Z"; thence, S71 °23'-26"W, along the Southerly Line of said Outlot "Z" , a distance of 38.13 feet, to the Northeast Corner of Lot 1 , in said Country Gables Eighth Addition; Thence S89°48'-00"W, along the South- Line of said Outlot "Z" and along the North Line of Lot 1 , Country Gables Eighth Addition, a distance of 120.00 feet, to the N.W. Corner of said Lot 1 , and to a point that is on East Right—of—Way Line of Crystal Street, as it is presently established; thence, N00°1 2'-00"W, along the East Right—Of—Way Line of said Crystal Street and along the West Lines of said Outlot "Z" and Lot 13, in said Country Gables Eighth Addition, a distance of 116.23 feet, to the Northeast Corner of Lot i "B", in said Country Gables Eighth Addition; thence, S89°48'-00"W, along the North Line of said Lot "B" , a distance of 60.00 feet, to the N.W. Corner of said Lot "B" and to the .East Line of Lot 12, in said Country Gables Eighth Addition; thence Northerly along the Easterly Line of said Lot 12 and along a 228.79 feet Radius Curve Concave Easterly, a distance of 20.82 feet, said Curve having a Chord Bearing of NO2°24'-26"E and a Chord Length of 20.82 feet to the Northeast Corner of said Lot 12 and to the South Line of said Outlot "D" ; thence, S89°36'-00"W, along the South Line of said Outlot "D" and along the North Lines of Lots 12, 11 , 10, and 9, in said Country Gables Eighth Addition, a distance of 408.95 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 11 .340 acres more or less. SCHEDULE "B"