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Home My WebLink About~Master - Parking - McDonald's Restaurant - 123 South Duff Avenue T INST.NO. ' Ames, Iowa STORY COUNTY SUSAN L VANDE KA P Recorder FILED F ' ►OD WA 123 South Duff Avenue M� OR RECORD L/C: 14-023 o Recording Fee$ 1 A P4 MAY 1 1989 fl R Auditor's Fee$ — 1' � THIS AGREEMENT is entered into this 31st day of March, 1989 by and between the City of Ames, Iowa ("CITY") and McDonald's Corporation, dba Delaware McDonald's Corporation, a Delaware corporation successor in interest by merger to Franchise Realty Interstate Corporation, a Delaware Corporation ("McDonald's" ). A. McDonald's is the owner of the property described on the attached Exhibit A ("Lot A"). B. McDonald's is also the owner of the property described on the attached B ("Lot B"). C. Lot A is currently being used for parking in conjunction with the restaurant located on Lot B but is separated by an alley as shown on the attached Exhibit C. Such parking spaces on Lot A are used to satisfy the number of parking stalls required pursuant to City code. D. McDonald's wishes to obtain and the City wishes to grant to McDonald's a building permit for the building of an addition onto the restaurant which is currently being operated on Lot B. E. Section 29.42(2) of the Ames Municipal Code dated 7/l/88, requires that in any case where the required spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement assuring their retention for such purposes shall be properly drawn and executed and filed with the application for a building permit. To satisfy this requirement, the parties have agreed to file this document with the application for such permit. NOW THEREFORE in consideration of one dollar ($1 .00) and other good and valuable consideration, the receipt and sufficiency of which are herein acknowledged, the parties agree as follows: 1 . McDonald's agrees that in the event it desires to sell and convey Lot A to a third party, and continues to operate the restaurant located on Lot B, McDonald's agrees to acquire and provide replacement parking which shall be located within three hundred (300) feet of the aforesaid restaurant. 2. The provision set forth in paragraph 1 above shall be released if alternative arrangements for parking spaces are made elsewhere within three hundred (300) feet of the restaurant on Lot B on terms acceptable to the Ames City Council or if the parking spaces are no longer required under the ordinances of the City of Ames for the use of the restaurant on Lot B. 3. For purposes of satisfaction of Section 29.42(2) of the Code, the City Attorney joins into this agreement and acknowledges its approval of such agreement. BOOK_jila PAGE 4. This Agreement shall run with the land as shown on the attached Exhibit A and shall be binding on all owners and mortgagees and their successors and assigns. TO INDICATE THEIR CONSENT TO THIS AGREEMENT, the parties or their authorized representatives or officers, have signed this document. CITY OF AMES, IOWA McDONALD'S CORPORATION, dba Delaware McDonal d's Corporation ae;r�r '�- z'rt o t• :.Ji .v' \ex�d.a a �� 6-0 5 l ftli G an , Mayor �,.,, !` Ice"esident r - v 1 - i anf qtr Ac i ng Ci C er Assi nt ecretary xa ypPS' k4s'#'k�4 -John R. Klaus, City Attorney i AGREED AND CONSENTED TO THIS c95_�_4 DAY OF APRIL, 1989 GOAL FOODS, INC. By: o n L. Dasher /el-1152J-35 r STATE OF IOWA ss: STORY COUNTY On this 5` — day of 199, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared F. Paul Goodland and Nancy Dionigi , to me personally known, 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 corporation, by authority of its City Council as contained in Resolution No. passed on the day of 19i and that the said F. Paul Goodland and Nancy Dionigi , acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. w , Notary Public in AKd _f e'*, Ll Story County, Iowa �r� � ''' V73 ,:tt.tt1M14lt1'��. '� BOOK PAGE r ' \non nVeLGI/W'IC91 J STATE OF ILLINOIS COUNTY OF DuPAGE SS: I, Ellen L. Loess a Notary Public in and for the county and state aforesaid, that Seymour Greenman , Vice-Presi- dent, and Michael J. Sise, Assistant Secretary o na s orporation, a Delaware corporation, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Vice-President and Assistant Secretary, respectively, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act as such Vice-President and Assistant Secretary, respectively, and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand and notarial seal, this 31 day of March 19 89 notary Wl c by commission expires May 30, 1989 SEAL (ACKNOWLEDGMENT - INCIVIDUAL) ELLEN,LL LOESS ELLEN L LASS STATE OF NOTARY PUBWC STATE OF ILLINOIS COUNTY OF SS: MY COMMISSION EV. MAY 30,1939 I, a Notary Public in and for the county and state aforesaid, that and of who (is)(are per- sona y known to is to be the same persons ose names (is)(are) subscribed to the foregoing instrument appeared before me this day in person and acknowl- edged that ( he)(they) signed, sealed and delivered the said instrument as (h )(their) free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal, this day of , 19 Notary Public My commission expires (ACKNOWLEDGMENT CORPORATE) STATE OF IOWA COUNTY OF $T4)p V SS: I, r L. p/PPz a Notary Public in and for the county and state aforesaid, that , President, and , Secretary o , a(n) corporation, Who are personally Known to me to be the persons whose names are subscribed to the foregoing instrument as such President and Secretary, respectively, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act as such President and Secretary, respectively, and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand and notarial seal, this ` day of'`A 12I i, Notary,,,E1Jbllc = My commission expires 3"/7" 9tyr ,- a� ! •�ti` "cD-ACK-S-9/SS 7251 J GOOK s'G31/.�.PAGE 1� Lots Nine (9) and Ten (10) Block One (1 ) in Black's Second Addition to Ames, Iowa. EXHIBIT A /el-1152J-36 WOK, 222_.PAGE Lots Eleven (11 ) and Twelve (12), Block One (1 ) in Black's Second Addition to Ames, Iowa. Exhibit B /el-1152J-37 BOOK.- PAGE :R �. � � � t�• X Io id CM .�IJ• .a��I �U. � \� i �7� ` It A � R I ��-- I� 11 Q I ,•■ "`lll uP '" ' -Ag ui o4,8ti t. 1-�S�#�',°,`° rcan►- 11L•r� . - X 'f Y oe � c r• R ya • ° I • a �T / I « e A. Q' IA I p t. l�.� •S BOOK PAGE OD Q IIll 0 dw) v iv NI-I U) Y [� Q x < *' e;s O c r' 0 O v- OU w �. �, ,� - � N cn�' w m . b , b �