HomeMy WebLinkAboutA014 - Agreement for Installation of Required Public Improvements dated January 9, 1996 f
AGREEMENT FOR INSTALLATION OF REQUIRED PUBLIC IMPROVEMENTS
THIS AGREEMENT is made this 9th day of January r
1996 , by and between the City of Ames, Iowa, party of the first
part, and Grand Center, Ltd. , 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 Creekside Park Addition, 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
Creekside Park Addition, in the City of Ames, Iowa:
Water Connection $ 6,638.00
Sidewalks 6,638.00
Total $13,276.00
and it is desired by both 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 $13,276.00.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
- - -- - -- --- - ------ - --- --- ----- -- ---- -- - - - --
2
1. That the party of the second part has executed a Bond
or Certified Check for the water connection fee in the
amount of $6,638.00 to complete the above described
improvements pursuant to said Agreement.
2 . That the party of the second part has executed a
Guaranty agreement and Sidewalk Bond with the City of
Ames for $6,638.00 to complete the sidewalks as soon as
they are able to do so.
3. That upon the completion of all of the said
improvements to the satisfaction of the party of the
first part, said Bond or Certified Check for $13,276.00
shall be released and the Guaranty for the sidewalk 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 as soon as
the contractor is able to complete and install them. 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 Director
GRAND CE R, L l
By /
E. unziker '
Gene 1 Pa t
By
onald R.-Payer(,.,'
General Partner
t
e
SCHEDULE "A"
DESCRIPTION i
Creekside Park Addition
In The_.City Of Ames, Iowa
V.
:DECAL oEscRipTioN°
'.PARCEL "J"; WHICH IS FURTHER DESCRIBED AS THE WEST .H,gLF `(W1/2): OF THE EAST HALF (E1/2) OF THE NORTHEAST QUARTER
(NE1/4)y OF,*SECT/ON FIFTEEN (15) TOWNSHIP. -EIGHT THREE 83
NORTH, RANGE -TWENTY--FOUR (24) WEST OF THE 5TH P.M. /N HE
CITY OF AMES, STORY COUNTY, /OWA, L Y/NG NORTH OF THE
f?/GHT='OF=WAY OF RELOCATED PRIMARY ROAD NO. U.S. 30, AND
L YING"SOUTH OF."THE .RIGHT-OF-WAY OF SOUTH 16TH STREET; MORE
PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCING AT THE
NORTHEAST CORNER OF .THE- NORTHEAST QUARTER (NE'1/4) OF SECT/ON j FIFTEEN (15), TOWNSHIP E/GHT=THREE (83) NORTH, RANGE
TWENTY-FOUR (24) WEST OF THE 5TH P.M. /N THE CITY OF AMES,
STORY COUNTY, IOWA; THENCE SOUTH 89 048'-30" WEST ALONG THE
NORTH LINE OF -THE NORTHEAST QUARTER (NE-1/4) OF SAID SECTION
FIFTEEN (15) AND THE CENTERL/NE OF SOUTH 16TH STREET, 663.7
FEET TD THE NORTHEAST CORNER OF THE WEST HALF (W1/2),
NORTHEAST QUARTER (NE7/4), NORTHEAST- QUARTER (NE1/4); THENCE i
SOUTH 00°02'-.15" WEST, ALONG THE EAST- LINE OF THE WEST
HALF, ' NORTHEAST QUARTER (/NE1/4), NORTHEAST QUARTER (NE1/4),
.60.0 FEET TO THE SOUTH RIGHT-OF-WAY L/NE OF SOUTH 16TH
-STREET I AND. THE- POINT OF 8EG1Ai&11VG• THENCE CONTINUING SOUTH
:; 00°02'-15"-WEST, ALONG THE EAST LINE OF THE WEST HALF
:..(W 1/2), NORTHEAST QUARTER (NEl/4), NORTHEAST QUAR . 4
1275.0 FEET; THENCE SOUTH 00 13 -30 TER (NE1 )
WEST, ALONG THE EAST LINE OF THE WEST"HALF (W1/2), SOOTHEAST QUARTER (SE1/4),
'NORTHEAST QUARTER (NEl/4), . 112. 1 FEET TO THE NORTHERL Y
RIGHT-OF-WAY LINE OF RELOCATED PRIMARY ROAD NO. U.S. 30;
THENCE SOUTH 84 045'-30" WEST, ALONG SAID RIGHT-OF-WAY,. 4.05
FEET TO A RIGHT-OF-WAY RAIL MONUMENT,• THENCE SOUTH
86°19'-30" WEST, CONTN(JING ALONG THE RIGHT-OF-WAY, 453.9
FEET. 'TO A RIGHT OF-WAY RAIL MONUMENT. THENCE SOUTH 81(' O 1 '-45" WEST CONTINUING ALONG THE R/GHT-OF-WAY, 212.35
FEET TD THE INTERSECT%ON WITH THE WEST LINE OF THE EAST HALF
(E1/2); NORTHEAST QUARTER (NE1/4); THENCE NORTH 00 ° 10'-00"EAST ALONG THE. WEST L/NE OF THE EAST HALF (E1/2), NORTHEAST QUARTER (NE WEST
1447.4 FEET TO THE- SOUTH RIGHT-OF-WAY LINE
°OF SOUTH 16TH STREET,• THENCE_ NORTH 89 °48'-30" EAST ALONG
SAID RIGHT-OF-WAY LINE, 663.8 FEET TO THE POINT OF
BEGINNING; SAID: TRACT CONTAINING 21.546 ACRES NET.
PROPERTY DESCRIPTION OBTAINED FROM ANDERSON SURVEY
:FILED FOR RECORD IAIVUARY 24, 1995 IN BOOK 13 PAGE 8
AT THE STORY COUNTY RECORDER'S OFFICE.