HomeMy WebLinkAboutA021 - Agreement for Public Improvements dated June 23, 2009 o Y,
e Instrument:2009- 00008904
E° H Date�Jul 17r2009 12`.49:4EF
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Filed for record in Story Countgr Iowa
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N Susan L. Vande Kamer Counts Recorder
INSTRUMENT PREPARED BY: Brian D.Torresi, 1416 Buckeye Ave.,Ste.200,Ames,IA 50010(Tel: 956-3900)
RETURN TO: I Brian D.Torresi, 1416 Buckeye Ave.,Ste.200,Ames,IA 50010(Tel: 956-3900)
AGREEMENT FOR PUBLIC IMPROVEMENTS
The parties to this Agreement are E.A. HUNZIKER DEVELOPMENT, L.L.C., D & R
FURMAN,L.L.C.and R.FRIEDRICH AND SONS,INC.(hereinafter referred to as the"Owners"),and
the CITY OF AMES,IOWA(hereinafter referred to as the"City").
WHEREAS,the Owners are in the process of platting real estate to be known as SOMERSET
SUBDIVISION TWENTY-SECOND ADDITION,AMES, STORY COUNTY,IOWA; and
WHEREAS,the Owners are required to construct certain improvements and utilities within the
real estate,to-wit: street lights,electric distribution,street paving,shared use paths and erosion control.
NOW,THEREFORE,in consideration of the premises,it is hereby agreed that the Owners shall
deposit with the City a letter of credit in the amount of$370,354.00 conditioned upon the completion of
the improvements and utilities as required by the City for said subdivision on or before the 23`d day of
June,2011.
IT IS FURTHER AGREED that City reserves the right to construct said improvements and
utilities in the event the Owners fail to do so herein agreed,and to cover the costs thereof with the letter
of credit.
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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 3 day of L'1 , 2009.
-CITY OF AMES,IOWA-
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E.A. HUNZIKER DEVELOPMENT,L.L.C.
By:
De . Hunziker, Manager
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on this 22_day of May, 2009, by Dean E.
Hunziker as a Manager of E.A. Hunziker Development, L.L.C.
- — � Notary Public in and for the State of Iowa
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i1 mission Number145857
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D & R FURMAN,L.L.C.
By: DONALD AND RUTH FURMAN
REVOCABLE TRUST DATED
MARCH 1, 1991, Member
By: 6aeao. 41W4110--
kuth W. Furman, Co-Trustee
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on this ZZ day of May, 2009, by Ruth W.
Furman as Co-Trustee of the Donald and Ruth Furman Revocable Trust dated March 1, 1991 as the
Member of D &R Furman, L.L.C.
_�:JMGLAh _
Notary Public in and for the State of Iowa
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R. FRIEDRICH AND SONS,INC.
By: � r
Reinhard K. Frieefch,,Wresident
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By: _2&A�
Robert K. Friedric ,Vice President
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on this 2.Zday of May,2009,by Reinhard K.
Friedrich and Robert K. Friedrich as President and Vice President,respectively,of R.Friedrich and
Sons, Inc.
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Notary Public in and for the State of Iowa
La-MR-
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