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HomeMy WebLinkAbout~Master - Temporary - Grand Junction, L.C. - Lot 1, Grand Junction Subdivision 01 - 03 7 79 INST.NO. SFI E COUNTY, A D FOR RECORD o c�'� ��� AM APR 0 3 2001 W -- G 8U8AN L VANDE 14AMP,R000rder s N ETuri Jv TO: FW.FEE$JL._Ca°_AUD.FEE ffi..�._.• 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) TEMPORARY EASEMENT CONTRACT PARCEI;Np. 5` O1NTX' E} Y:, PROTECT NU= STI�N-69 5(74)-µ2J 85 RAI NOrand AlLconay(LT,S.,69) GRANTOR Grand Jiia i6n THIS AGREEMENT made and entered into this 41day of V ,2001,by and between Grantor and the City of Ames,Iowa, a municipal corporation,Grantee, 1. GRANTOR GRANTS to Buyer a temporary easement upon Grantor's real estate,hereinafter referred to as the premises, situated in part of: Lot 1,Grand Junction Subdivision,City of Ames,now included in and forming a part of the City of Ames,Story County,Iowa, together with all easements and servient estates appurtenant thereto, and subject to (a) existing zoning, (b) all easements, covenants and restrictions of record,(c)existing leases,(d)that Real Estate Installment Contract,by and between David A.Skei and Susan Skei,husband and wife,as contract sellers,and Grantor,as contract buyer,dated August 29, 1996 and filed for record in the Office of the Recorder for Story County,Iowa on August 30, 1996 as Instrument No.96-09098,to the portion of said Lot I described therein, (the"Skei Parcel"),(e)that certain Mortgage, granted by David A. Skei and Susan L. Skei to South Story Bank and Trust, dated July 5, 1994,and filed for record in the Office of the Recorder for Story County,Iowa on July 6, 1994 as Instrument No.94-07628,with respect to the Skei Parcel,(f)that certain Agreement,by and between South Story Bank and Trust,Brenton Bank,and Grantor,dated August 29, 1996 and filed for record in the Office of the Recorder for Story County, Iowa on August 30, 1996 as Instrument No. 96.09097, with respect to the Skei Parcel, (g) that certain Mortgage, granted by Grantor to Brenton Bank,dated April 16, 1996 and filed for record in the Office of the Recorder for Story County,Iowa on April 17, 1996 as Instrument No.96-03433,as amended by that First Modification of Mortgage,dated August 29, 1996 and filed for record in the Office of the Recorder for Story County,Iowa on August 30, 1996 as Instrument No. 96-09099,(h)that certain Assignment of Rents,granted by Grantor to Brenton Bank,dated April 16,1996 and filed for record in the Office of the Recorder for Story County,Iowa on April 17, 1996 as Instrument No.96-03435,as amended by that First Modification of Assignment of Rents,dated August 29, 1996 and filed for record in the Office of the Recorder for Story County,Iowa on August 30, 1996 as Instrument No. 96-09100,and(i)that certain Financing Statement from Grantor,as Debtor,to Brenton Bank,as secured party, dated April 16, 1996 and filed for record in the Office of the Recorder for Story County,Iowa on April 17, 1996 as Instrument No.96-03434,as amended by that Amendment to Financing Statement,dated August 29, 1996 and filed for record in the Office of the Recorder for Story County,Iowa on August 30, 1996 as Instrument No.96-09101,more particularly described in Sections 12 and 13 of this contract, for the purpose of the above numbered public improvement project. GRANTOR CONSENTS to any change of grade of the highway and accepts payment under this contract for any and all damages arising therefrom. GRANTOR ACKNOWLEDGES that the payment of all amounts to be paid by Grantee and the performance of all obligations to be performed by Grantee under this contract shall constitute full settlement and payment from Grantee for all claims for the taking of the temporary easements,damage to or relocation of existing site improvements,change of grade and loss of access described in this contract and resulting from this public improvement project,and upon such payment and performance,Grantor discharges Grantee from liability because of this contract and the construction of this public improvement project,except to the extent provided in Sections 8 and 17 of this contract. 2. Possession of the premises is the essence of this contract and Grantor GRANTS Buyer immediate possession of the premises. 3. Buyer agrees to pay Grantor the Total Lump Sum of$ 6,900.00 on or before April 1, 2001, and to make such additional reimbursements as are hereafter provided. A 4. Grantor WARRANTS there are no tenants on the premises holding under lease except: Hollywood Video,Taraccino Coffee,Bruegger's Bagel Bakery,Carlos O'Kelly's Mexican Cafe,and David and Susan Skei. 5. It is agreed that the right of temporary easement granted by this contract shall terminate upon the completion of this highway project, or one year from the date first above written,whichever occurs first,PROVIDED that the one year period can be extended for successive periods of one month by payments to Grantor of a monthly fee that is one twelfth of$1.50/square feet per year. 6. This contract shall apply to and bind the legal successors in interest of Grantor and Grantor AGREES to warrant good and sufficient title. Names and addresses of Lienholders are: Brenton Bank, 400 Locust, Suite 200, P.O. Box 891, Des Moines,IA 50304. Grantor shall provide to Grantee appropriate subordination of mortgagees and lienholders in a form approved by Grantee on or before April 1,2001. 7. Each page and each attachment is by this reference made a part hereof and the entire agreement consists of 5 pages. 8. Grantee hereby gives notice of Grantor's five-year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this contract as required by the Code of Iowa. 9. This written contract constitutes the entire agreement between Grantee and Grantor and there is no agreement to do or not to do any act or deed except as specifically provided for herein. 10. Grantor states and warrants that there is no known well,solid waste disposal site,hazardous substances, underground storage tanks or burial sites on the premises described and sought herein,except for the monitoring wells that may be located on the property and the hydrocarbon contamination emanating from four(4)former underground storage tanks previously located on the portion of the property described as Parcel "C" of the Southwest Quarter (SW 1/4) of the Southwest Quarter(SW 1/4)of Section Two(2),Township 83 North,Range 24 West of the 5th P.M.in the City of Ames, Iowa,shown on the Plat of Survey filed for record in the Office of the Recorder,Story County,Iowa on October 13,1995, in Book 13 of Certificate and field Notes,at page 139. Grantee hereby assumes responsibility for and shall protect,defend, indemnify and hold harmless Grantor and its members,successors and assigns and their respective officers,directors, employees,agents,legal representatives and heirs from and against any and all damages,claims,liabilities,fines,penalties, environmental investigation, monitoring or remediation costs and expenses, including, but not limited to, reasonable attorney fees and administrative or legal expenses,and also including any damage to the property of Grantor,arising from a disturbance or spread of any such hydrocarbon contamination during the course of construction of the public improvement proj ect for widening and reconstruction of Lincoln Way and Grand Avenue,Project No.STPN-69-5(74)-2J- 85. 11. It is understood and agreed that the existing entrance at Sta.215+99,North side,the existing entrance at Station 217+65, North side, and all other entrances not listed or allowed in this contract from Lincoln Way or Grand Avenue will be eliminated. To replace these,Grantee agrees to construct a Type "B" Entrance at Sta.216+03 (WBL),North side and a Joint Type"B" Entrance at Sta.217+67.50(WBL),North side. 01 - 03 7 79 W r . PARCEL NO S COUNTIR STORY PROJECT STPIT ,5(74)-_2J»$5 R(3AD NO Grid eve itaco�u Way(U, .:69) Grant qGrandAinctionJ, 12. Grantee is granted a Temporary Easement as needed on Grantor's property for the purpose of saw cutting and for the purpose of reconstruction and shaping the entrance at Sta.216+03,north side,to a 5%grade and blending the adjacent parking surfaces on either side of the entrance to match the new drive grade,constructing the temporary replacement or permanent parking as described in Section 15 of this contract,relocating the overhead light pole,fixture,light pole base and associated electrical connections as described in Section 13 of this contract for the additional work described in this Section. Upon completion of this public improvement project,Grantee shall restore the existing parking areas adjacent to Lincoln Way to the same number of parking spaces and substantially the same condition in which they existed prior to commencement of this project(with such changes thereto as are necessary to accommodate the landscaping required by Grantee's ordinance and approved by Grantor), shall temporarily remove and upon completion shall replace the Carlos O'Kelly sign located on the west side of the entrance as Sta.216+03(which sign can be stored in Grantor's metal building at no charge),shall install a safety railing on top of the retaining wall constructed in the public right of way west of Sta.216+03 of a type and style agreed upon by Grantor and Grantee,shall install sod between the retaining walls and the south curb of the parking areas along Lincoln Way and in any disturbed area along Grand Avenue. Said Temporary Easement shall terminate upon completion of this highway project,or one year from the date first above written,whichever occurs first,PROVIDED that the one year period can be extended for successive periods of one month by payments to Grantor of a monthly fee that is one twelfth of$1.50/square feet per year for the area that will continue to be encumbered by such Temporary Easement 13. Grantee agrees to relocate Grantor's overhead light pole,fixture and associated electrical connections that lie within the proposed right of way. Said light pole shall be relocated to a point adjacent to the same parking area but outside the proposed right of way,at a location to be agreed upon by Grantee and Grantor. 14. Directional signage during construction to Grantor's property and associated tenants, will be provided by the City. Grantor shall indicate the location,type and size of signage deemed appropriate for this purpose. Said signage shall not interfere with construction equipment and contractors, or be placed in a location that may become an obstacle with vehicular or pedestrian traffic. 15. Grantee agrees to provide, at no cost to Grantor,permanent asphalt surfaced parking area(s)with concrete curbing as required,for 24 vehicles on Grantor's remaining property at a location or locations to be determined by Grantor. This replacement parking area is to provide adequate space for the patrons of the Grantor's Tenants while the existing parking areas adjacent to Lincoln Way are closed or disturbed during construction. It is the responsibility of the Grantor to obtain necessary permits for the permanent parking. If such permits are not obtained the said permanent parking becomes temporary. Said temporary parking shall be removed by Grantee after project is complete and this disturbed area restored by Grantee to substantially the same condition in which it existed prior to commencement of this project. 16. Grantee shall construct only one half of the entrance to the property at a time, leaving the remaining half open for customer access. 17. Grantee shall protect,defend,indemnify and hold harmless Grantor and its members,successors and assigns and their respective partners,members,officers,directors,shareholders,employees,agents,successors,assigns,legal representatives and heirs from and against all damages, claims, liabilities, fines, penalties and expenses (including,but not limited to, reasonable attorney's fees and cost of defense and court or administrative expenses)arising from the construction by the City of Ames,Iowa, and/or the Iowa Department of Transportation of the public improvement project involving the widening and reconstruction of Lincoln Way and Grand Avenue and the construction of the storm sewer intake upon and adjacent to the property of Grantor or in the performance of any of the obligations of Grantee or the Iowa Department of Transportation pursuant to this Temporary Easement Contract,whether arising from the acts or negligence of Grantee, the Iowa Department of Transportation or their agents and contractors,but excepting claims resulting from the willful acts or active negligence of Grantor,its agents and employees. O 1 + 0 3 7 7 9 C 3) Page 3 PARCEL NO. 5 COUNTY STORY PROJECT NO. STPN-69-5(74)--2J-85 ROAD NO. Grand Ave./Lincoln Way(U.S. 69) Grantor: Grand Junction,L.C. 18. Grantee has reviewed and determined that the construction of the retaining wall in the existing right of way easement and the modification of the landscaping between the existing parking areas on Grantor's parking and the improvements constructed by this public improvement project shall not create any non-conforming use and if any of the improvements on Grantor's property are damaged,Grantor has the right to rebuild such improvements as is,including reconstructing any existing buildings using their existing footprint. However,if the property is redeveloped,the redevelopment shall conform with the then current City Zoning standards. 19. Grantee acknowledges and agrees that under Grantee's zoning ordinance,Grantor may erect a sign similar in appearance to the existing Carlos O'Kelly's sign or a monument sign,on Grantor's property in the area between the parking area in front of the Bruegger's Bagel Store and the driveway located at Sta.216+67.50,substantially at the location shown on the attached Exhibit"A",directing vehicular traffic to the entrance off Gilchrist Street into Grantor's property. Grantee agrees to reimburse Grantor the actual and reasonable costs of constructing said sign. Payment will be made on the basis of itemized bills and/or receipts furnished by Grantor to Grantee after Grantor's construction of said sign up to the amount of$10,000.00 as long as sign is constructed within one year of execution of this Temporary Easement. 20. Grantee agrees to reimburse Grantor the actual and reasonable costs of Grantor's engineering fees for review of the project construction plans as they affect Grantor's property, incurred prior to the date of the Temporary Easement agreement,for the design of the temporary or permanent parking,and for final inspection and verification that Grantee's work was completed as agreed. Payment will be made on the basis of itemized bills and/or receipts furnished by Grantor to Grantee. 01 0 3 7 7 9 Page 4 PARCEL N©, k 5 'co, PT2O.TECT N(Q STP Iss Av�� Gp�nWay' �'� Grantor z € Tuuetio: , Grantor's SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Grantee, we the undersigned claimants certify the Total Lump Sum payment shown herein is just and unpaid. GRAND JUNCTION,L.C. By: Hubbell Realty Company Managing Member By: By: /* Name: 2/ -4-/Gr et. Name: Title: /;e&-T--,d Title: STATE OF IOWA,STORY COUNTY ss: On thisGIA day of #10c� ,2001,before me,a notary in and for said county,personally appeared _,tome personally known,who being by me duly sworn or affirmed did say that that person is.-SL& t V4 a WVSiderut 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 saidl J J,Tal\hk9hy acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. otary Public in and f6r Steryto i <ttl. 01 _ 0 3 7 7 9 (5) Page 5 PARCEL,NC1. S," CtITNTX TOR : � h� pp " PRo.I car N©. PI tip-s .-2j- Rom Nf Gram Ave,ft ineoln Way(US.69) A Grantor; Gxa d Junction, Grantee's ACKNOWLEDGMENT STATE OF IOWA COUNTY OF S ORY: ss On this a day of ht. _ ,2001,before me,the undersigned,a Notary Public in and for said State,personally appeared Ted Tedesco and Diane R.Voss,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.Q�adopted by the City Council on the A-,day of J cNu.Q N" , Lft I and that said Mayor and City Clerk acknowledged the execution of the instrument to be their voluntary act and deed and the oluntary act and deed of the corporation,by it voll�untarily executed. Notary Public in� for a State of Iowa jprLe 44 Grantee's APPROVAL rr, m f Rec mmende by: Proje A t (Date) Approved by: Mayor of the,pity of Ames,Iowa (Date) °:, City Clerk'ofthe City of Ames,Iowa (Date) Revised Klaus Temporary Easement Contract(1).Wpd APPR E AS Tb FORM BY John R.Klaus City Attorney 0 1 0 3 7 7 9 Page 6