HomeMy WebLinkAboutA002 - Agreement for Public Improvements dated September 9, 2005 Instrument Prepared By: Deborah S.Krauth,1416 Buckeye,Ste.200,Ames,1A 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 Twentieth Addition, Ames, Story County, Iowa; and
WHEREAS,the Owners are required to construct certain improvements and utilities within
the real estate, to wit: paving, utilities 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
$283,790.00 conditional upon the completion of the improvements and utilities as required by the
City for said subdivision on or before September 12, 2006.
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 day of 2005.
ERBEN HUNZIKER AND MARGARET HUNZIKER
DEVELOPME T, L.L.C.
By: =� -
D n E. Hunziker, Man er
STATE OF IOWA, STORY COUNTY, ss:
On this day o , �' 2005,before me,Notary Public in and for the
State of Iowa, personally appear¢ 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 li ilitv comoany by it voluntarily executed.
=paint sr DEBORAH S. KRAUTH
COMMISSION NO. 129704 y
MY CO MISSION E P ES
ova Notary Public in and for the State of Iowa
D & ,�FURMAN, LPL.C.
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 day of 2005, before me,Notary Public in and for the
State of Iowa, personally appear onald 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.
p,\AL S, DEBORAH S. KRAUTH
cPt
9 COMI`I `SION NO. 129704
yr ',AY C,� . `:41SSION EXPI �S ov N Not Public in and for the State of Iowa
R. FRIEDRICH& SONS, INC.
By: ,
einhard K. Frie nch, President
By:
obert K. Frledrich, r., Vice President
STATE OF IOWA, COUNTY OF STORY, ss:
On this day of /' ��005,before me,the undersigned, a Notary Public in
and for the state f Iowa, person 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.
Pp,1AL S DEBORAH S. KRAUTH
COMMISSION NO. 129704 otary Public in and for the State of Iowa
My CO MISS! N E IRES
OWA � y
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CITY OF AnS,PWA
By:
ohn Joiner
Director of Public Works
STATE OF IOWA, STORY COUNTY ss:
On thisa� day of 3C P�'�- , 2005, before me, a Notary Public in and for the
State of Iowa, personally appeared John Joiner,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 it City Council, as contained in Resolution
No.C',�`{1,3 adopted by the City Council on the�� �� day of 5,C 2005 ram: , and that
John Joiner 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.
P\A D111^ F R. VOSS Notary Public in and for the State of Iowa
ap �' :'ON 4 134019
N 00 ES
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