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HomeMy WebLinkAboutA005 - Agreement for Public Improvements dated October 10, 2003 - p3 - 23o4a INST.NO. STORY COUNTY,IOWA FILED FOR RECORD M Nov 0 7 2003 PM Ali e SUSAN L VANDE KAMP,Recorderw s REC.FEE k1ka aun.FEELh �--= �.� Instrument Prepared By: David W. Benson, 1416 Buckeye, Ste.200,Ames, IA 50010; 515-233-3000 AGREEMENT FOR PUBLIC IMPROVEMENTS The parties to this Agreement are Airport Road Developers, L.C., an Iowa limited liability company,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 AIRPORT ROAD 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: sanitary sewer,water main, storm sewer,streets and street lights,all as part of the platting procedure to the City; 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 $66,894.00 conditioned upon the completion of the improvements and utilities as required by the City for said subdivision on or before October 8, 2005. 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 ly day of October, 2003. OWNERS AIRPORT ROAD DEVELOPERS, L.C., an Iowa limited liability company By: MAR IN J. ALTER, Manager By: •�L DEAN E. HUNZIKEV, Manager STATE OF IOWA, STORY COUNTY, ss: r On this ld day of a,� , 2003,before me, the undersigned, a Notary Public in and for the State of Iowa,personally appeared Marvin J. Walter and Dean E. Hunziker,to me personally known, who being by me duly sworn did say that they are Managers 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 Marvin J.Walter and Dean E.Hunziker acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. a� STACIE L. COOMES Z� COMMISSION NO. 164402 * MY COMMISSION EXPIRES Notary Public in and for the State of Iowa /OWN - U CITY OF AMES, IOWA By:__ ta- Paul Wiegand Director of Public Works L:\_Transitional\DWBenson\Airport_Road_Developers_MAirport Road Subdivision,Second Addition\agrmt--public improvements.doc 2