HomeMy WebLinkAboutA009 - Agreement for Public Improvements dated July 16, 2004 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
"City."
WHEREAS, the Owners are in the process of platting real estate to be known as Somerset
Subdivision Seventeenth Addition, Ames, Story County, Iowa; and
WHEREAS,the Owners are required to construct certain improvements and utilities within
the real estate, to wit: 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
$237,927.00 for paving and $17,000.00 for street lights conditional upon the completion of the
improvements and utilities as required by the City for said subdivision on or before July 16, 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 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 f& day of T(-t /C�1 , 2004.
ERBEN HUNZIKER AND MARGARET HUNZIKER
DEVELOPM/E , L.L.C.
Ey:
Den E. Hunziker, Mana er
STATE OF IOWA, STORY COUNTY, ss:
On this� J day of — . ,2004,before me,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 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 voluntari cuted.
�PQ,{AC S� [C-C(
TACIE L. COOMES
z MMISSION NO. 164402
COMMISSION EXPIRES Notary Public in and for the State of Iowa
�OWA3 -d-3 - 6�
D & FURMa pA,N�,�jLnnL.C.
Y
B R
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Donald M. Furman, as Co-Trustee of the
Donald and Ruth Furman Revocable
Trust Dated March 1, 1991, Member
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STATE OF IOWA, STORY COUNTY, ss:
On this 13 day of a4,41 2004,before me,Notary Public in and for the
State of Iowa, personally appeared Dona d 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.
��nc STACIE L. COOMES
zPgCOMMISSION`� NO. 164402
MY COMMISSION EXPIRES
3 - —v Notary Public in and for the State of Iowa
R. FRIEDRICH& SONS,INC.
v
By: '
einhard K. Frie n , P ident
By:
Rolleri K. Friedrich, J ., Vice President
STATE OF IOWA, COUNTY OF STORY, ss:
On this Ili day of T(,t ,2004,before me,the undersigned,a Notary Public in
and for the state of Iowa,personally a eared 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.
OAL s STACIE L. COOMES
COMMISSION NO. 164402 Notary Public in and for the State of Iowa
MY COMMISSION EXPIRES
,own 3 -.-u -0')
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CITY OF AMES, IOWA
By:
Paul Wiegand
Director of Public Works
STATE OF IOWA, STORY COUNTY ss:
On this n-1—t"*f day of &401—z� , 2004, 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�ity Council as contai d in
Resolution No. b'�-33c1 adopted by the City Council on the 10 day of�L�S
2004,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.
Q,\AL.S, DIANE WILHELM-JOHNSON Notary Public in and fort State of Iowa
o � COMMISSION#147508
• * MY COMMISSION p(PIRES
/OWA
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