HomeMy WebLinkAboutA014 - Public Improvements Contract dated August 9, 2002 PUBLICIMPROVEMENTS CONTRACT
Seventh Addition,Dauntless Subdivision,Ames,Iowa
THIS IS AN AGREEMENT made by and between City and Developer upon the following terms
and conditions:
1. DEFINITIONS. When used in this Agreement,unless otherwise required by the context:
1.1. "City"means the City of Ames,Iowa,a municipal corporation existing under the laws of
the State of Iowa and located in Story County,Iowa,with a mailing address of 515 Clark
Avenue,Ames,IA 50010.
1.2. "Developer"means Terra Firma,L.P., an limited partnership organized and existing un-
der the laws of the State of Iowa,which has as its general partner Ev Cochrane&Associ-
ates, Inc., and which has street and mailing addresses of 207 Stanton Avenue, P.O. Box
1099,Ames,IA 50014.
1.3. "Agreement"means this instrument as signed by the parties.
1.4. "Subdivision" means Seventh Addition, Dauntless Subdivision,Ames, Iowa, a replat of
Lots 2 and 3,Fifth Addition,Dauntless Subdivision,Ames,Iowa.
1.5. "Construction Plans" means the construction drawings and detailed specifications pre-
pared by Kirkham Michael and Associat s whose address i 11021 Aurora Avenue, Ur-
bandale,Iowa 50322 under date of e day of 0 C� e r ,200t, and approved
by the City on the�day of , 2001, for public improvements to be
constructed and installed within the Subdivision.
2. CIRCUMSTANCES. City requires that Developer, as the owner of Subdivision,install and construct
at Developer's expense for the benefit of City certain public improvements as a condition for ap-
proving the final plat of Subdivision.
3. PUBLIC IMPROVEMENTS. Developer shall construct and install within the Subdivision, in accor-
dance with the Construction Plans,the Development Agreement, and the subdivision ordinance of
the City, the following public improvements: street lights and final course of asphalt paving on
Dickinson Road.
4. TIME OF COMPLETION. Developer shall complete the construction and installation of all public
improvements specified in the Construction Plans before the expiration of two years from tl a date
of approval of the final plat of the Subdivision, namely the Q if day of "� Q S
2004.
5. ENGINEERING SERVICES. City's engineer shall review and approve all construction plans and
specifications for public improvements to be installed and shall inspect all work performed by De-
veloper under this Agreement.Developer shall pay the fees charged by City for City's services.
6. SECURITY FOR COMPLETION. Developer has delivered to City with this Agreement$14,250.00,
to be held by City as security for Developer's performance of this Agreement. Income thereon
shall belong to City. In the event Developer fails to perform this Agreement before the time of
completion specified hereinabove,the City may draw on the aforesaid security and complete those
public improvements.
7. NOTICES. Unless otherwise required by law, any notice or demand required or permitted by the
terms of this Agreement shall be sufficient and deemed complete when expressed in writing and
either(a) personally delivered to the person entitled thereto, or (b) deposited at any office of the
FJF N 20020809110443 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,PLC
Attomeys at Law,Ames,Iowa
4
PUBLIC IMPROVEMENTS CONTRACT Page 2
United States Postal Service in the form of certified mail addressed to the last known mailing ad-
dress of the person entitled thereto, or(c)served on the person entitled thereto in the manner of an
original notice under the Iowa Rules of Civil Procedure.
8. INTERPRETATION. Words and phrases used in this agreement shall be construed as in the single or
plural number, and as masculine, feminine or neuter gender, according to the context. This agree-
ment shall be governed exclusively by and construed in accordance with the laws of the State of
Iowa.The paragraph headings in this agreement are for convenience only and in no way define or
limit the scope or intent of any provisions of this agreement. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original and all of which shall
constitute but one and the same instrument. This Agreement shall be binding upon and inure to
the benefit of the respective successors and assigns of all parties executing this Agreement.
IN WITNESS WHEREOF the Owner executes this instrument on 9 August 2002.
TERRA FIRMA,L.P.,by Ev Cochrane&
Associates,Inc.,General Partner
PC
BY:
David A.Keller,Vice President
IN WITNESS WHEREOF the City has executed this instrument on the �2 day of
cj C!sf ,2002.
CITY OF AMES,IOWA
BY: -D. LtJQ:c+.Me�
Paul Wiegand
Director of Public Works
FJF 20020809110443 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,PLC
Attorneys at Law•Ames,Iowa