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HomeMy WebLinkAboutA003 - Agreement for Public Improvements dated August 17, 2006 Instrument Prepared By and Return to: Deborah S.Krauth, 1416 Buckeye,Ste.200,Ames,IA 50010;515-232-3921 AGREEMENT FOR PUBLIC IMPROVEMENTS The parties to this Agreement are HUNZIKER LAND DEVELOPMENT COMPANY, L.L.C., hereinafter referred to as "Developers" and the CITY OF AMES, IOWA, hereinafter referred to as "City." WHEREAS,the Developers are in the process of platting real estate to be known as Sunset Ridge Subdivision Second Addition,Ames, Story County, Iowa; and WHEREAS, the Developers are required to construct certain improvements and utilities within the real estate, to wit: paving, public utilities 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 Developers shall deposit with the City a surety bond,letter of credit or certified check in the amount of$741,008.00 conditioned upon the completion of the improvements and utilities as required by the City for said subdivision on or before July 19, 2007. IT IS FURTHER AGREED that City reserves the right to construct said improvements and utilities in the event Developers 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 Developers, as the case may be. Dated this l day of P , 2006. DEVELOPERS HUNZIKER LAND DEVELOPMENT COMPANY, L. By: VC unziker, nager By: 9 Uaitz— Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, ss: On this / day ofA(1&J , 2006, before me, the undersigned, a Notary Public in and for the State of I a, personally appeared Dean E. Hunziker 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 Dean E.Hunziker 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. ANY OREKKE -C— JMA XC(& Ce L m imn Numbw 731273 Notary Pu is in and for the State of Iowa MY CITY OF AMES IOWA By C- /ncirector hn Joiner of Public Works XAClient_H\Hwuiker_Eutities\IiI iker_Land_Development_Cotnpany_LLC\Sunset_Ridge_Subdivision\,Secoud_AdditionWgrmt--public impmvements.doc