HomeMy WebLinkAboutA007 - Agreement for Public Improvements dated August 12, 2021, Instrument No. 2021-12160f
i^ Instrument 0: 2021-12160
09/22/2021 02:09:40 PM Total� Pages: 3 p 00 OTHER g
r Recording Fee: $ 17.00
Stacie Herridge, Recorder, Story County Iowa
1111 K NIP,HAOF 4 WI WI,HIM 11111
� n
�w
�Gn
no N
� I
S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Return document to: David W.Benson,Attomey at Law,1416 Buckeye Ave.Ste.200,Ames 1A 50010
Document prepared by: David W.Benson,Attomey at Law,1416 Buckeye Ave.Ste.200,Ames 1A 50010;(515)956-3900
AGREEMENT FOR PUBLIC IMPROVEMENTS
The parties to this Agreement are Fitch Land Development, LLC, an Iowa member-
managed limited liability company, (the "Owner") and the CITY OF AMES, IOWA (the
"City"), an Iowa municipal corporation.
WHEREAS, the Owner is in the process of platting real estate to be known as
BIRCH MEADOWS SUBDIVISION, SECOND ADDITION, AMES, STORY
COUNTY,IOWA; and
WHEREAS, the Owner is required to construct certain improvements within the real
estate as described in Resolution No. 16-607 adopted October 11, 2016; and
WHEREAS, the Owner and the City desire to enter into a development agreement for
cost-sharing on the extension of the 16-inch water main that is within Ontario Street.
NOW, THEREFORE, in consideration of the premises, the Owner and the City
agree:
(a) To install the water line extension within the twenty-foot water main easement
area adjacent to Ontario Street right-of-way; and
(b) Upon approval of this Agreement by the City, the Owner will provide the sum of
$31,250 in cash to the City to be held in escrow for the use and benefit of the City,
representing the Owner's nonrefundable share of the costs of the water line extension from
the termination of the existing line at Oregon Avenue; and
(c) The City will pay the remaining costs for oversizing the 8" water line to a 16"
water line from Oregon Avenue to the west property line of Birch Meadows subdivision; and
# 2
t
the City shall be entitled to withdraw and use all funds in escrow upon the letting of bids for
the associated public improvement project.
The improvements described in this Agreement shall be completed as required by the
City for said subdivision,which are by reference made a part of this agreement.
Dated AUgiaS+- I- 92021.
FITCH LAND DEVELOPMENT, LLC
By: -M By: l
Mary R. Nch, as Co-Trustee of the Kichard L. Fitch, as Co-Trustee of the
Richard and Mary Fitch Revocable Richard and Mary Fitch Revocable
Trust u/d/o September 25, 1996, Trust u/d/o September 25, 1996,
Member Member
STATE OF IOWA,COUNTY OF STORY: SS
This instrument was acknowledged before me on Av�v-5+ SA , 2021, by
Mary R. Fitch and Richard L. Fitch, as Co-Trustees of the Richard and Mary Fitch Revocable
Trust u/d/o September 25, 1996,which Trust is a member of Fitch Land Development, LLC.
-�71, Fo
►� SHAWN E. ROBERTS Notary Public
Commission Number 199444
My Commission Expires
3
Passed and approved on August 31st 2021, by Resolution No. 21-
75 adopted by the City Council of the City of Ames, Iowa.
CITY OF AMES, IOWA
B
John A. Haila, Mayor
Attest:
Diane R. Voss, City Clerk
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on August 31st , 2021; by
John A. Haila and Diane R. Voss, as Mayor and City Clerk, respectively, of the City of
Ames, Iowa.
NOTARY PUBLIC
s� RENEE HALL
s° Commission Number 827148
My CommissiorL pires
ow