HomeMy WebLinkAboutA021 - Letter dated June 25, 2008 regarding Agreement for Off-site Public Improvements - with copy of agreement City Clerk's Office
515 Clark Avenue,P.O.Box 811
Caring People Ames,1A 50010
Quality P,ag,aw Phone: 515-239-5105
Eueptional Service
Fax: 515-239-5142
June 25, 2008
Susan Vande Kamp, Story County Recorder
Story County Courthouse
P.O. Box 55
Nevada, IA 50201
Dear Sue:
Please record the following enclosed document:
- Agreement for Off-Site Public Improvements pertaining to the Bloomington Road
Expansion relating specifically to Northridge Heights Subdivision, 12t'Addition.
After recording, please return to me.
If you have questions,please feel free to contact me. Thank you for your assistance.
Sincerely,
Diane Voss
City Clerk
/dry
Enclosure
Instrument Prepared By and Returned To: Brian D.Torresi,1416 Buckeye Ave.,Ste.200,Ames,IA 50010;515-956-3914
AGREEMENT FOR PUBLIC EVIPROVEMENTS
(BLOOMINGTON ROAD EXPANSION)
The parties to this Agreement are LITHE DEVELOPMENT COMPANY,L.L.C.,hereinafter
referred to as"Owners,"and the CITY OF AMES,IOWA,hereinafter referred to as the"City."
WHEREAS,the Owners are in the process of platting certain real estate,legally described as:
Outlot V and Outlot Z,Northridge Heights Subdivision,Third Addition,and
Outlot K, Northridge Heights Subdivision, Eight Addition, City of Ames,
Story County,Iowa,
hereinafter referred to as the "Real Estate," to be known as NORTHRIDGE HEIGHTS
SUBDIVISION TWELFTH ADDITION,AMES,STORY COUNTY,IOWA; and
WHEREAS, in accordance with Article V of that certain agreement dated November 14,
2000, a memorandum of which was filed in the office of the Recorder of Story County, Iowa, on
November 16,2000 as Instrument No.00-12839,between the Owners and the City,the Owners are
required to complete certain improvements ("Off-Site Improvements") in accordance with the
schedule set by the City at the time of the approval of the final plat for any phase of development
that triggers the requirement of the completion of Off-Site Improvements; and
WHEREAS,the platting of the Real Estate triggers such requirement for the completion of
Off-Site Improvements in that said NORTHRIDGE HEIGHTS SUBDIVISION TWELFTH
ADDITION,AMES,STORY COUNTY,IOWA abuts Bloomington Road and the intersection of
Bloomington Road and Stange Road; and
WHEREAS,as a condition of the approval of the final plat of NORTHRIDGE HEIGHTS
SUBDIVISION TWELFTH ADDITION, AMES, STORY COUNTY, IOWA, the City shall
require that said Off-Site Improvements be completed simultaneously with the platting of the Real
Estate and the completion of the improvements thereon.
NOW,THEREFORE, in consideration of the premises, it is hereby agreed that the Owners
shall deposit with the City a surety bond, letters of credit or certified checks totaling $839,641.45
conditioned upon the completion of the Off-Site Improvements as required by the City on or before
June 24,2010.
IT IS FURTHER AGREED that City reserves the right to construct said Off-Site
Improvements in the event Owners fail to do so herein agreed,and to cover the costs thereof with the
letters of credit.
IT IS FURTHER AGREED that the City shall withhold occupancy permits for any
improvements made within NORTHRIDGE HEIGHTS SUBDIVISION TWELFTH ADDITION,
AMES, STORY COUNTY, IOWA until such time as the Off--Site Improvements have been
completed.
IT IS FURTHER AGREED that this Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors, legal representatives and permitted
assigns.
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IT IS FURTHER AGREED that upon satisfactory completion of the Off-Site Improvements,
including the paying of reasonable engineering and inspection fees therefor,the letters of credit shall
be released.
Dated this day of June, 2008.
UTHE DEVELOPMENT COMPANY,L.L.C.
(2a e,
By: (`
Charles E.Winkleblack, Manager
By:
Robert K.Friedrich, Jr.,Manager
STATE OF IOWA )
)ss:
COUNTY OF STORY )
On this c� day of June, 2008, 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.
Notary Public in and for the State of Iowa
CITY OF ,IOWA
M1
By.Jo Joiner �— 0��Mr.
Director of Public orks
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