Loading...
HomeMy WebLinkAboutA007 - Agreement for Public Improvements dated September 26, 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 HTJNZH<ER APARTMENTS,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 LONGVIEW SUBDIVISION SECOND 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 and paving; 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 $89,263.53 conditioned upon the completion of the improvements and utilities as required by the City for said subdivision on or before September 29, 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 J& day of 5 , 2003. OWNERS ERBEN HUNZIKER AND MARGARET HUNZIKER APA,p7MENTS, L.L.C. r By: Dean unziker, Manage STATE OF IOWA, STORY COUNTY, ss: On this J& day of �p L-�' , 2003, before me, the undersigned, a Notary Public in and for the State of low , 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 by ' luntarily ex`uted. EJ STACIE L. COOMESCOMMISSION NO. 164402 Notary Public in and for the State of Iowa MY COMMISSION EXPIRES 2 CITY OF AMES, IOWA M1 By: -� r� �. :�rc:�" _ Paul Wiegand Director of Public Works STATE OF IOWA, STORY COUNTY ss: On this.2,_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 itN City Council, as contained in Resolution No.o� �a� adopted by the City Council on the'0IS" day of ®CA . ,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 and for the to of Iowa DIANE WILHELM.IOHNSON MY COMMISSION EXPIRES LA_Transitional\Hunziker Entities\Erben Hunziker&Margaret Hunziker Apartments,LLC\Longview Subdivision\Second_Addition\agrmt--public improvements.doc 3