HomeMy WebLinkAboutA005 - Agreement for Public Improvements dated December 20, 2002 F. - F
03 - 01334
INST.NO.
STORY COUNTY,IOWA
FILED FOR RECORD O�
JAN 22 2003 PM
SUSAN L,VANDE MAP,Racorder.01)
Instrument Prepared By:
Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921
!y
U �
AGREEMENT FOR PUBLIC IMPROVEMENTS
The parties to this Agreement are ERBEN HUNZIKER AND MARGARET HUNZIKER
DEVELOPMENT, L.L.C.; D & R FURMAN, L.L.C.; and R. FRIEDRICH & SONS, INC.,
hereinafter referred to as "Owners," and the CITY OF AMES, IOWA, hereinafter referred to as
"Cit "
Y•
WHEREAS, the Owners are in the process of platting real estate to be known as Somerset
Subdivision Twelfth 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, asphalt surfacing and bike path.
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
$83,500.00 conditional upon the completion of the improvements and utilities as required by the City
for said subdivision on or before December 20, 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 or the certified check, as the case may be.
44fi' y
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.
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Dated this 26 day of ®leC-2 , 2002.
ERBEN HUNZIKER AND MARGARET HUNZIKER
DEVELOPMENT, L.L.C.
By.
De n E. Hunziker,'MiMager
STATE OF IOWA, STORY COUNTY, ss:
On this ,-�() day of 4�V-L' ,2002,before me,Notary Public in and for the
State of Iowa, personally appeared Dean E. Hunziker, to me personally known, who being by me
duly sworn did say that that person is a Member 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 Erben A. Hunziker acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
Notary Public in and for the St e of Iowa
D &R F AN, L.L.C�.
���Z C�%�'VJ �� REBECCA CRAWF®RD
By:
°�
: � Commission Number 704627
Commission Expires
Donald M. Furman, as Co-Trustee of the
Donald and Ruth Furman Revocable
Trust Dated March 1, 1991, Member
2
STATE OF IOWA, STORY COUNTY, ss:
hn
On this aU day of D-t_ ,2002,before me,Notary Public in and for the
State of Iowa, personally appeared Donald M. Furman, Co-Trustee, to me personally known,who
being by me duly sworn did say that that person is a Member 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 Donald M. Furman acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company by it voluntarily executed.
C' j-&Id—
Notary Public in and for the Stat0of Iowa
R. FRIEDRICH & SONS, INC. , REBECCA CRAWFORD
Commission Number 704627
�
mmission Expires
owe � .-
By:
mhard K. Friednc , Pre dent
By:
_ Z'5&A 11
Ro ert K. Friedrich r., Vice President
STATE OF IOWA, COUNTY OF STORY, ss:
On this 2 o day of (�2�=���� ,2002,before me,the undersigned,a Notary Public in
and for the state of Iowa,personally appeared Reinhard K.Friedrich and Robert K.Friedrich,Jr.,to
me personally known, who being by me duly sworn, did say that they are the President and Vice
President of the corporation,respectively,executing the within and foregoing instrument;that no seal
has been procured by the corporation;that said instrument was signed on behalf of the corporation by
authority of its Board of Directors; and that Reinhard K. Friedrich and Robert K. Friedrich, Jr., as
officers,acknowledged the execution of the foregoing instrument to be the voluntary act and deed of
the corporation, by it and by them voluntarily executed.
OULU,
Notary Public in and for the Sta e of Iowa
REBECCA CRAWFORD
�� Commission Number 704627
y Commission Expires
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CI�'Y OF�NfES, IOWA
Paul Wiegand
r- t &thr of Public Works
J ;I 'tC,yyQyi a4 hp1 YLL RtP k `'
�-�TA kTORY COUNTY ss:
On t'lris" day ofj- areWdPaul
, 2001, before me, a Notary Public in and for the
State of Iowa,personally ap Wiegand,to me personally known, and,who,being by me
duly sworn, did say that he is Director of Public Works of the City of Ames, Iowa; that the seal
affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument
was signed and sealed on behalf of the corporation,by authority of its City Council, as contained in
Resolution No. 03�(� adopted by the City Council on the �{ ' day of !aw-t(to F( ,
2003,and that Paul Wiegand acknowledged the execution of the instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
PaAL DIANE WILHELM-JOHNSON
J � COMMISSION#147508 Notary Public in and for the St fe of Iowa
MY COMMISSION EXPIRES
IOWA -7- Q4-'
PADSKRAUTMSOMERSFATWELFTH ADDITIONTUBLIC IMPROVEMENT AGREEMENT.DOC
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