HomeMy WebLinkAboutA020 - Agreement for Public Improvements 03 - 21772
INST.NO.
STORY COUNTY,IOWA /
FILED FOR RSCORD '�S ✓
i OCT 17 2003 PM 1Z o
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Prepared by&Return to: Timothy C.Hogan, 3101 Ingersoll Ave.,Des Moines,IA 50312 (515)279-9059
AGREEMENT FOR PUBLIC IMPROVEMENTS
The parties to this Agreement, made pursuant to Section 23.304, Ames Municipal Code,
are AMES LAND COMPANY, L.L.C., an Iowa limited liability company ("Owner") and the
CITY OF AMES, IOWA("City").
WHEREAS, the Owner is in the process of platting a subdivision of real estate to be
known as BLOOMINGTON HEIGHTS WEST PLAT 2, Ames, Story County, Iowa; and
WHEREAS, the Owner is required to construct certain improvements and utilities within
the real estate, to-wit: streets, street lighting, water main, sanitary sewer, and storm sewer by not
later than October 14, 2005 and, to pay reasonable engineering and inspection fees therefore, all
as part of the platting procedure of the City.
NOW, THEREFORE, in consideration of the premises, it is hereby agreed that the
Owner shall deposit with the City a surety bond, letter of creditor or certified check in the
amount of$715,960.52 conditioned upon the completion of the said improvements and utilities,
by the said date, as required by the City for the Subdivision, in accordance with the plans and
specifications on file with the City's engineers and by this reference made a part of this
agreement.
IT IS FURTHER AGREED that the City reserves the right to construct said
improvements and utilities in the event Owner fails to do so as herein agreed, and to cover the
costs thereof with the surety bond, letter of credit or the 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 the Owner, as the case may be.
OCT-.
DATED this day of�, 2003.
AOWN?1imite
, L.L.C.,
n Io ' ity company
John SecretaryCITYS, IOWA
By:
Paul Wiegand, Director 4Public Works
STATE OF IOWA )
)ss:
COUNTY OF POLK )
On this _ day of S�ii�r, 2003, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared JOHN D. GAMBLE, to me personally known
who, being by me duly sworn, did say that he is Secretary of the Iowa limited liability company
executing the foregoing instrument; that no seal has been procured by the limited liability
company; that the instrument was signed on behalf of the limited liability company by authority
of its managers and that JOHN D. GAMBLE acknowledged execution of the instrument to be the
voluntary act and deed of the limited liability company by it voluntarily executed.
t
PEGGY HUTCHINSON
WOW 1, 2M Name:
Notary Public in and for the State of Iowa
STATE OF IOWA )
)ss:
COUNTY OF POLK )
On this�day of dM � , 2003, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared PAUL WIEGAND, to me personally known,
who being by me duly sworn did say that he is the 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,
that the instrument was signed and sealed on behalf of the corporation by authority of its City
Council by Resolution No. D? Ye,5- ; , passed on the /yam day of L'�c l>L thi , 2003,
and that PAUL WIEGAND acknowledged the execution of the instrument to be his voluntary act
and deed and the voluntarily act and deed of the corporation, by it voluntarily executed.
Name:
Notary Public in and for the State of Iowa
o aA� JILL L. RIPPERGER
COMMISSION#146549
` * MY COMMISSION EXPIRES
IOWA