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HomeMy WebLinkAboutA013 - Agreement for Installation of Required Public Improvements dated May 24, 1994 06/26/04 08:18 0616 232 4388 PAYER LAW FIRM 434 H AND F 1J001 1;• AGREEMENT FOR INSTALLATION OF REQUIRED PUBLIC IMPROVEMENTS THIS AGREEMENT is made this 2A- day of 1994 r by and between the :City of Wipes, Iowa, Rarty of the first part, and N ?3 & F Builders p.artnership Ian Iowa General Partnerships party of 09 the second part, WITNESSETH: wEFREAS, the party of the second part is the developer of the real estate described as follows, to-wit: 1 SEE. SCHEDULE "A" ATTACHED 'HERETO AND MADE A PART HEREOF CONTAINING THE CORRECT LEGAL DESCRIPTION, and WREREAS, the party of the second part is in the process of platting said real estate described as Twenty First Addition, Parkview Heights Subdivision, 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 Of WHEREAS, the party of the second past has not completed the following operations as described and set forth in the plat of the Twenty First Addition, Parkview Heights sub*vision, in the City Of Ames, Iowa: Street Construction $190,000.00 Street Lights $ 21.536.00 TOTAL $211,536.00 and it is desired by the parties hereto to make provisions therefore, and WHEREAS, the partly 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 rum of $211,536.00_ Post V brand fax transmittal memo 70 �of pages► , T w Co. Ga. Dept. Phonb ft 7Fex# Fit" # R-92Y� 515 232 4488 05-25-94 08: 19AM P001 #17 05/25/94 08:19 0515 232 4388 PAYER LAW FIRM -*44 H AND F 1@ 002 2 NOW, THEREFORE, IT IS AGREED By AND BETWEEN THE PARTIES AS FOLLOWS: 1. That the party of the second part has executed a Letter of 'Credit for the street construction and the street lights in the amount of $211,536.00 to complete the above described improvements pursuant to said Agreement. 2. That upon the completion of all of the said improvements to the satisfaction of the party of the first part, said Letter of Credit for $211 r 536.00 shall be released. 3. That all Of said improvements shall be completed by the party of the second partly within twelve (12) months of the date of this Agreement. In the event of the failure of the party of the second part to complete all of the said work as herein agreedr 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 Public Works Director on behalf of the City of Ames, Yowa, and by the party of the second part. CITY OF AMES, IOWA By o — H & F Build rs Partnership By Erben A. Hunziker, Partu onald M. , Partner R=96% 515 232 4388 05-25-94 08: 19AM P002 #17