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HomeMy WebLinkAboutA019 - Agreement for Public Improvements dated June 17, 2002 RETURN TO• 2 `°¢ ® 3 V CRAIG HASTINGS INST.NO. `+ HASTINGS & GARTIN I STORY COUNTY,IOWA 409 DUFF AVE &b 17gq FILED FOR RECORD to AMES IA 50010-6347 JUL 1 7 2002 PM SUSAN L.VANDE KAMP,Recorder All F0.FEE$ ( •C—OLAUD.FEE AGREEMENT FOR PUBLIC IMPROVEMENTS The parties to this Agreement are South Dayton Development, 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 SOUTH GATEWAY DEVELOPMENT, AMES, STORY COUNTY,IOWA; and WHEREAS, the Owners are required to construct certain improvements and utilities within the real estate, to wit: street lights, paving, sanitary sewer extensions, water main extensions, and to pay reasonable engineering and inspection fees therefore, 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 $170,000.00 conditioned upon the completion of the improvements and utilities as required by the City for said subdivision on or before July 1, 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 therefore, 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. c p i Dated this day of 2002. OWNERS South Dayton Development, L.L.C. By: Brent Haverkamp, Owner STATE OF IOWA, STORY COUNTY, ss: On this 1-1 day of 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Brent Haverkamp, to me personally known, who being by me duly sworn did say that he is the Owner 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 Brent Haverkamp acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. LISA PACKER Caruntasion Number 710383 Notary Public in and for the State of Iowa X MY Commission Expires June 4,2004 CITY p` A11�IES,IOWA Byh.Y `J •.5;�. .,w ,Paul.Wiegnad `-' ;n Director of Public Works 0'.24�• q-.��,�� o ti ct