HomeMy WebLinkAboutA005 - Agreement for Public Improvements dated May 21, 2007 Instrument Prepared By: Deborah S.Krauth, 1416 Buckeye,Ste.200,Ames,IA 50010-8070;515-232-3921
Return Document To: Deborah S.Krauth, 1416 Buckeye,Ste.200,Ames,IA 50010-8070
AGREEMENT FOR PUBLIC IMPROVEMENTS
The parties to this Agreement are DAYTON PARK, L.L.C., hereinafter referred to as
"Owner," and the CITY OF AMES, IOWA, hereinafter referred to as "City."
WHEREAS, the Owner is in the process of platting real estate to be known as DAYTON
PARK SUBDIVISION FIFTH ADDITION,AMES, STORY COUNTY, IOWA; and
WHEREAS,the Owner is required to construct certain improvements and utilities within the
real estate,to wit: street lights,paving,storm sewer,sanitation,water lines,and erosion and sediment
control, all as part of the platting procedure to the City.
NOW, THEREFORE, in consideration of the premises, it is hereby agreed that the Owner
shall deposit with the City a surety bond, letter of credit or certified check in the amount of
$204,500.00 conditioned upon the completion of the improvements and utilities as required by the
City for said subdivision on or before May 22, 2008.
IT IS FURTHER AGREED that City reserves the right to construct said improvements and
utilities in the event Owner fails 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 Owner, as the case may be.
ti
Dated this day of May, 2007.
OWNER
DAYTON PARK,L.L.C.
By
Erben A. Hunziker, Mana er
STATE OF IOWA, STORY COUNTY, ss:
On this day of May,2007,before me,the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Erben A. 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
Erben A.Hunziker acknowledged the execution of said instrument to be the voluntary act and deed
of said limited liability company by it voluntarily executed.
1�4otary Public in and for the tate of Iowa
�t�.' REBECCA H.BARCLAY
CITY OF S IOWA °' � Commission Number 178182
�,_. IViy Commission Expires
B � -� T
Y
/6hn Joiner
Director of Pu is Works
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