HomeMy WebLinkAboutA006 - Agreement for Public Improvements dated September 24, 2004 T
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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
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 THIRD 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 lighting.
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
$104,876.56 conditioned upon the completion of the improvements and utilities as required by the
City for said subdivision on or before September 27, 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.
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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�day of �2004.
OWNERS
ERBEN HUNZIKER AND MARGARET
HUNZIKER TMENTS,L.L.C.
By:
De n Hunziker,Man er
STATE OF IOWA, STORY COUNTY, ss:
On this day of , 2004, 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 it v lu ly executed.
/X P�ac s� DEBORAH S. KRAUTH
0 COMMISSION NO. 129704
Not Public in and for the State of Iowa
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MY OMMI SIO IRES
/OWA t
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CITY OF AMES, IOWA
By: , ! �
Paul Wiegand
Director of Public Works
STATE OF IOWA, STORY COUNTY ss:
On this day of 0 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 ehalf of the corporation,by authority of its City Council, as contained in Resolution
No. `f&H adopted by the City Council on the day of tO C t ,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.
Notary Public in and for the tate of Iowa
E
DIANE WILHELM-JOHNSONCOMMISSION#147508
MY COMMISSION EVIRES
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L:\_TransitionahHtwziker _rben Hunziker&Margaret Hunziker Apartments,LLC\L.ongview_Subdivision_Third_Addition\agrmt--public improvenrnts.doc
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