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HomeMy WebLinkAboutA007 - Agreement for Public Improvements dated April 7, 2008 Instrument Prepared By and Returned To: Brian D.Torresi,1416 Buckeye,Ste.200,Ames,IA 50010;515-956-3914 AGREEMENT FOR PUBLIC IMPROVEMENTS The parties to this Agreement are HUNZIKER LAND DEVELOPMENT CO., L.L.C., hereinafter referred to as "Owners," and the CITY OF AMES, IOWA, hereinafter referred to as "Ci "ty. WHEREAS,the Owners are in the process of platting real estate to be known as ESTATES WEST SUBDIVISION,AMES, STORY COUNTY,IOWA; and WHEREAS,the Owners are required to construct certain improvements and utilities within the real estate, to-wit: street paving, street lights, and erosion control. 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 $133,382.00 conditioned upon the completion of the improvements and utilities as required by the City for said subdivision on or before April 22, 2010. 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 day of April, 2008. HUNZIKER LAND DEVELOPMENT COMPANY, L.L.C. By De E. Hunziker, Manager By Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, ss: On this=day of , 2008, before me,the undersigned, a Notary Public in and for the State d Iowa, personally appeared Dean E. Hunziker and Charles E. Winkleblack, to me personally known, who being by me duly sworn did say that they are 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. DIANNE SUNTKOi Conwrdisllow Ott N'"kW 747� Notary Public in and for the State of Iowa CITY OF A E , IOWA By: Xhn Joiner Director of Public Works 2