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Home My WebLink About~Master - Parking Spaces - AmericInn - Happy Chef propertyI • "ST.wo.. 7 12157 STORY COUNTY, IOAA �j FILED FOR RECORD � S AM NOV 1 0 1937 j1V L VANDE KAMP,q�oorda^� %cordng Fee$-- 1-•SG:.�� WOWS Fee; ... DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146) PARKING EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, made and entered into this �3 day of October, 1997 by, between and among the CITY OF AMES, IOINA (hereinafter called "City"), DAYTON PARK L.L.C. (hereinafter called "Owner"), HAPPY CHEF SYSTEMS, INC. (hereinafter called "Tenant-1") and HOSPITALITY INVESTORS, L.L.C. (hereinafter called "Tenant-2"), and their mortgagees, successors and assigns, WITNESSETH THAT : WHEREAS, Owner holds title to land in the City of Ames described as: Lot 1 and Lot 2, Dayton Park Second Addition, Ames, Story County, Iowa and, WHEREAS, Tenant-2 desires to construct a motel on the aforesaid Lot 2 for which the off- street parking spaces required by the ordinances of the City would be located on the said Lot 1; and, WHEREAS, Tenant-1 and Tenant-2 intend to collectively establish and maintain 29 parking spaces on the east 62 feet of the said Lot 1, not less than 11 of which spaces shall be assigned exclusively to use with respect to meeting the off-street parking spaces required by City ordinances for the said motel; and, WHEREAS, Section 29.42(2) of the Municipal Code of the City of Ames, Iowa, provides that where the off-street parking spaces required by the City's zoning regulations are not located on the same lot as the building to which the spaces pertain, a written agreement assuring the retention of such spaces for such purpose shall be executed; NOW, THEREFORE, the parties hereto have agreed and do agree as follows: 1. Tenant-2 and Tenant-1 and the Owner shall establish and maintain 29 parking spaces on the east 62 feet of Lot 1, Dayton Park Second Addition to Ames, Story County, Iowa, and said spaces shall at all times conform to the paving and dimensional specifications for required off-street parking spaced set by the ordinances of the City. 2. Tenant-1 and the Owner shall at all times give Tenant-2 and the Owner and the business invitees of Tenant-2 and the Owner access to and the exclusive rights to use not less than 11 of the parking spaces referred to in paragraph 1 above for purposes of off- street parking with respect to the said motel. 3. The not less than 11 parking spaces referred to above shall at all times be clearly marked as pertaining to the said motel and Tenant-1. Tenant-2 and the Owner shall cooperate to maintain the said spaces and access routes to and from said spaces in a passable and usable condition. 4. This Agreement shall be a perpetual easement for the benefit of the City, binding on the mortgagees, successors and assigns of the parties hereto. If the provisions of this Agreement are defeated, annulled, cut-off or undone through mortgage foreclosure, bankruptcy or other event, and so long as there is a motel building on the said Lot 2, whether in use or vacant, the Owner and Tenant-2 shall be bound and obligated to the City to acquire and provide replacement parking rights under the same specifications and standards as stated above, within not less than 300 feet of the said Lot 2. Violation of, or failure to perform the requirements of this agreement shall be grounds for the City to revoke the zoning permit for the said motel and for the City to obtain an injunction against the use of that motel. 5. This Agreement shall not be canceled, released, rescinded, or otherwise terminated without the consent of the City expressed by resolution of the Ames City Council, but, if the off-street parking requirements of the ordinances of the City are met by other means, the City shall then by such resolution as aforesaid, consent to the termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed effective the date first above written. TENANT-1 TENANT-2 HAPPY CHEF SYSTEMS, INC. HOSPITALITY INVESTORS, L.L.C. c By: i� � � By: a� G 11s1 d wyvN OWNER CITY DAYTON PARK, L.L.C, CITY OF AME , IOWA By: B D an Hunzike , Mandger Larry R. Jurtii, ,May6t y Attest Y: Sandra L: Ryan, City lerl '-" ? ' • Rv D AS To r 2 e, John R. Klaus City Attorney STATE OF►A i ones o o- ea r`L4-) COUNTY ss: A wn On this a 1 day of Oc l a 6e r 1997, before me, a Notary Public in and for R I- Ea V- ) County, �# I YY�fnacsata personally appeared Oilas P frQdOt' 1k ,tome personally known,who being by me duly sworn, did say that that person is Tres;-4..1- of said corporation,that the seal affixed to said instrument is the seal of said corporation,or no seal has been procured by the said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors and the said f fe S acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. 0DIiiNNrlF A�ARlE N NESOTA � v NOTARY P!lBLIC-MINNESOTA BLUE EARTH COUNTY Notary Public in and for. /vP n(�i ounty; /19;�nQSOt� My Comm.Expires Jan.31,2000 STATE OF IOWA, STORY COUNTY ss: On this a D' day of c�6� , 1997, before me, a Notary Public in and for the State of Iowa, personally appeared Larry R. Curtis and Sandra L. Ryan,to me personally known, and,who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporaf n, by authority of its City Council, as contained in Resolution No.6t7_Sb adopted by the City Council on the day of 191_-?and that Larry R. Curtis and Sandra L. Ryan acknowledged the execution of the instrument to be their voluntary act and deed and the volunta and deed of the corporation, by it voluntarily executed. i Notary Public in and for Sto ounty, Iowa ANNE E.PEPPER STATEOF COUNTY ss: MY O MI SIONEXPIRES I On this c�q"day of 0 1997, before me, a Notary Pubic in and for Sk.2e L"'-n e County, M.vm eS of6k, , personally appeared A-IGz n-aa, to me personally know,who being by me duly sworn, did say that that person is the of said(limited liability company) and that said it trument was signed on behalf of the said(limited liabil ycompany)by authority of its managers and the said a. a acknowledged the execute of said instrument to be the voluntary act and deed of said (limited liability comps y)by it voluntarily executed. 00 t£l F. 'Yl NOISSIWWOO AW . -k LJ� GI r an�a�Hs ,,is i V r i onend AHVION ' • Notary Pu.,l�., n and for /I rN_ I V 11:10-1 11;jay- cu rnJe County, M; nnfse^- STATE OF IOWA, STORY COUNTY ss: On this c& �446-f 2� 1997, before me, a Notary Pubic in and for Story County, personally appeared ri o to me personally know,who being by me duly sworn,did say that that person is the 1�f4au 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 acknowledged the execute of said instrument to be the voluntary act and deed of said (limited liability company) by it voluntarily executed. ze N t Public in an or Story County, Iowa Iaw\hapychef.o09 �§� `�� REBECCA BAR CLAY MY MMISSION EXPIRES 3 aWa ` :�7?ate, �j-�7_ 1215'7 (3�