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HomeMy WebLinkAboutA006 - Agreement for Public Improvements dated July 29, 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 UTHE DEVELOPMENT COMPANY,L.L.C.,hereinafter referred to as "Owners," 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 Northridge Heights Fourth Addition, Ames, Story County, Iowa; and WHEREAS,the Owners are required to construct certain improvements and utilities within the real estate, to-wit: streets, utilities and street lights, 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 $213,777.50 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 letter of credit. 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 letter of credit shall be released. Dated this day of , 2002. UTHE EVELOPME ftoce NT COMPANY,L.L.C. By: ()L� � Charles E. Winkleblack, Manager By: Robert K. Friedrich, Jr., Manager STATE OF IOWA ) )ss: COUNTY OF STORY ) On this �V day of rc� ,2002,before me,Notary Public in and for the State of Iowa, personally appeared obert K. Friedrich, Jr. and Charles E. Winkleblack, to me personally known, who being by me duly sworn did say that these persons are Managers 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 Robert K. Friedrich, Jr. and Charles E. Winkleblack acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. otary Public in and for the State of Iowa CITY OF AMES,IOWA REBECCA H.BARCLAY Commisslon Number 176182 Mypommisslon Expires By % �-7`C:>M.3 Paul Wiegand Director of Public Works P:tDSKmuthtNonhridgcHgtsWounh\ogrmt—public imp—mcnts.doc 2