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HomeMy WebLinkAboutA009 - Agreement for Public Improvements dated April 16, 2002 Instrument Prepared By: Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921 AGREEMENT FOR PUBLIC IMPROVEMENTS The parties to this Agreement are ERBEN HUNZIKER AND MARGARET HUNZIKER APARTMENTS,L.L. C.,hereinafter referred to as "Owner," and the CITY OF AMES,IOWA, hereinafter referred to as "City." WHEREAS, the Owners are in the process of platting real estate to be known as LONGVIEW SUBDIVISION FIRST ADDITION,AMES, STORY COUNTY,IOWA; and WHEREAS,the Owners are required to construct certain improvements and utilities within the real estate,to wit: street lights and paving,and to pay reasonable engineering and inspection fees therefor, all as part of the platting procedure to the City; NOW, THEREFORE, in consideration of the premises, it is hereby agreed that the Owners shall deposit with the City a surety bond, letter of credit or certified check in the amount of $171,567.00 conditioned upon the completion of the improvements and utilities as required by the City for said subdivision on or before May 14, 2003. IT IS FURTHER AGREED that City reserves the right to construct said improvements and utilities in the event Owners fail to do so herein agreed,and to cover the costs thereof with the surety bond, letter of credit or certified check, as the case may be. IT IS FURTHER AGREED that upon satisfactory completion of the said improvements and utilities,including the paying of reasonable engineering and inspection fees therefor,the bond shall be released and the bondsman exonerated,the letter of credit released or the certified check shall be returned to Owners, as the case may be. Dated this 16 day of , 2002. OWNERS ERBEN HUNZIKER AND MARGARET HUNZIKER APA TME1V S, L.L.C. By: Dean 14unziker, Manage STATE OF IOWA, STORY COUNTY, ss: L On this A day of , 2002, before me, the undersigned, a Notary Public in and for the State of lc%a, personally appeared Dean Hunziker, to me personally known, who being by me duly sworn did say that he is a Manager of said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Dean Hunziker acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability comp=' executed. PptA1 DEB' ` S. KRAUTH °.` COM[Vi!3;;iUq NO. 129704 " MY CO M1S N E RES N to " Pu 1 c m and for the State of Iowa :Owx CITY OF AM ES,IOWA By: Paul Wiegand Director of Public Works PADSKmuth\Erb&Marg Hum AptsU-ongview Subdivision\agrmt--public improvements.doc 2