HomeMy WebLinkAboutA007 - Agreement for Public Improvements dated October 9, 2003 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 ERBEN HUNZIKER AND MARGARET HUNZIIER
DEVELOPMENT,L.L.C.and D&R FURMAN,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
BROOKVIEW PLACE WEST, SECOND ADDITION, Ames, Story County, Iowa; and
WHEREAS,the Owners are required to construct certain improvements and utilities within
the real estate, to wit: streets and street lights;
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
$107,533.80 conditioned upon the completion of the improvements and utilities as required by the
City for said subdivision on or before May 1, 2004.
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 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.
Dated this L day of , 2003.
OWNERS
ERBEN HUNZIKER AND MARGARET
HUNZIKERLDLOPMENT, L.L.C.
By:
�.
De Hunziker, - an r
STATE OF IOWA, STORY COUNTY, ss:
On this 17 day of , 2003, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Dean Hunziker, to me personally known,
who being by me duly sworn did say that he is a Manager 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 Dean Hunziker acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company b it voluntarily executed.
DEBORAH S. KRAUTH
COMMISSION NO. 129704 Adublic in and for the State of Iowa
MY CO MISSION EXPIRES
�OWA
D & R/F�U�^RMA+N, L. C.
By:
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:
On this—1-day of V , 2003, before me, the undersigned, a Notary
Public in and for the State of Iowa,personally appeared Donald M.Furman,to me personally known,
who being by me duly sworn stated that he is the Co-Trustee of the Donald and Ruth Furman
Revocable Trust dated March 1, 1991,which Trust is a Member of D&R Furman,L.L.C., an Iowa
limited liability company;that this instrument was signed on behalf of the Donald and Ruth Furman
Revocable Trust dated March 1, 1991 as a Member of D&R Furman, L.L.C. by authority of the
Members of the limited liability company; and that Donald M.Furman, Co-Trustee,as a Member of
the limited liability company acknowledged the execution of the instrument to be the voluntary act
and deed of said limited liability company by it and by the said Member voluntarily executed.
T AL s DEBORAH S. KRAUTH
=P COMMISSION NO. 129704
MY Comm/2
OMMI SION XPIRES ota lic in and for the State of Iowa
owA
CITY OF AMES,IOWA
c
By:
Paul Wiegand
Director of Public Works
STATE OF IOWA, STORY COUNTY ss:
On this day of �� ,2003,before me,a Notary Public in and for the State
of Iowa, personally appeared Paul 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. 0:--V/ adopted by the City Council on the day of _, ,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.
Notary Public in anJ thiOState of Iowa
Z�P!MAL * JILL L. RIPPERGER
COMMISSION#146549
MY COMMISSION EXPIRES
IOWA
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