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HomeMy WebLinkAboutA003 - Agreement for Public Improvements dated October 24, 2005 4 � Instrument Prepared By and Returned To: Deborah S.Krauth,1416 Buckeye,Ste.200,Ames,IA 50010;515-232-3921 AGREEMENT FOR PUBLIC IMPROVEMENTS The parties to this Agreement are UTHE DEVELOPMENT COMPANY,L.L.C.,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 NORTHRIDGE HEIGHTS NINTH 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 $342,890.00 conditioned upon the completion of the improvements and utilities as required by the City for said subdivision on or before October 24, 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 letter of credit. 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 letter of credit shall be released. Dated this c� day of ®C�6 rV , 2005. UTHF^VE OPME T COMPANY, L.L.C. By: Charles E. Winkleblack, Manager By: Robert K. Friedrich, Jr., Manager STATE OF IOWA ) )ss: COUNTY OF STORY ) On thi&)4-t day of CC: eK ,2005,before me,Notary Public in and for the State of Iowa, personally appeared Robert K. Friedrich, Jr. and Charles E. Winkleblack, to me personally known, who being by me duly sworn did say that these persons 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 Robert K. Friedrich, Jr. and Charles E. Winkleblack acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. 4� Ajmj?'k�-10 &L44fJ �,� SHANNON BRYAN I ' Commission Number 735828 Notary Public in and for thedState of Iowa My commissio Expires d'18•IDa o CITY OF AMES, IOWA By: C �--�---- ohn Joiner Director of Public Works XA Trunsitionul\Huuziker_Entities\Nortlu-idgeHgtsWutth_AdditiouWgreement for Public Improverwnts.doc 2