HomeMy WebLinkAboutA006 - 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 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 THIRTEENTH ADDITION, Ames, Story County, Iowa; and
WHEREAS,the Owners are required to construct certain improvements and utilities within
the real estate, to wit: street paving 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
$133,756.50 conditional 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 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 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 c)& day of 5 �v2003.
ERBEN HUNZIKER AND MARGARET HUNZIKER
DEVELOPMENT, L.L.C.
By: L-&a44-;e C
DearyrE. Hunziker,'MarYger
STATE OF IOWA, STORY COUNTY, ss:
On this A day of i"- ,2003,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.
- REBECCA W.BARCLAY
Commission Number 176182
My, a -�n Expires ��Totary Public in and for the State of Iowa
�ace
D &R FURMAN, L.L.
lam'
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 Jtp day of 5 ,2003,before me,Notary Public in and for the
State of Iowa,personally appear d 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.
ApVjAC sy STACIE L. COOMES
o
COMMISSION NO. 164402
MY COMMISSION EXPIRES
IOWA. 3--d-o _u y Notary Public in and for the State of Iowa
R. FRIEDRICH & SONS, INC.
By:
einhard K. Fri
'ch resident
By:
Robert K. Friedric Jr., Vice President
STATE OF IOWA, COUNTY OF STORY, ss:
On thisc� day o 44/ ,2003,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.
NREBECCA H.BARCLAY otary Public in and for the Stat of Iowa
Commission Number 176182
My mmission Expires
owe �02.7_ 3UTJ
3
CITY OF AMES, IOWA
By:
_ Paul Wiegand
Director of Public Works
STATE OF IOWA, STORY COUNTY ss:
On this.Z3 day oglaz� , 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. 6 4 I adopted by the City Council on the ado day of QC+— ,
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 ate of Iowa
[,I.AI �� NILH[LC9.fOHG01�!Ml'COMMISSION EXPIRES F
L:\_TRANSITIONAL\DSKRAUTR\SOMERSET\THIRTEENTH ADDITION\PUBLIC IMPROVEMENT AGREEMENT.DOC
4