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HomeMy WebLinkAboutA008 - Letter dated March 29, 2017 from Kutak Rock LLP regarding returned original documents KUTAK ROCK LLP CHICAGA HICAGO DENVER 1650 FARNAM STREET FAYETT FAYETTEVILLE OMAHA, NEBRASKA 68102-2186 IRVINE KANSAS CITY 402-346-6000 LITTLE ROCK FACSIMILE 402-346-1148 LOS ANGELES MINNEAPOLIS www.kutakrock.com OKLAHOMA CITY PHILADELPHIA RICHMOND ROGERS S O E RICHARD J..ROSENBLATT PKANE richard.rosenblatt@kutakrock.com March 29, 2017 WASHI TON, D.C.(402)346-6000 WICHITA VIA FEDEX Damion Pregitzer, P.E. PTOE City of Ames City Hall 515 Clark Avenue Ames, IA 50010 Re: Ames, IA; Damion: In connection with the above-referenced matter, enclosed please find .the following original documents for execution: 1. Three (3) originals of that certain City, E-M Hunziker, LLC and Wal-Mart Cost Sharing Agreement Pertaining to Construction of Interstate and Roadway Improvements.at South Duff and South Fifth Street by and between Wal-Mart Real Estate Business Trust ("Wal-Mart") , the City of Ames, IA and E-M Hunziker, LLC; 2. Three (3) originals of that certain Escrow Agreement by and between the parties named above and First National Bank of Ames; and 3. Three (3) originals of that certain Access Easement and Use Restriction Pertaining to the Land at South Duff Avenue by and between Wal-Mart, the City of Ames, Iowa and two other property owners. Please note, per our prior discussions, the delivery and effectiveness of these agreements is expressly conditioned upon Wal-Mart's approval of the plans referenced in the agreements,the other parties executing and delivering the agreements in their current forms, and the City's formal approval of the agreements. Upon proper approval of the agreements, please ask an authorized officer to execute each original as tabbed, and return the originals to me in the enclosed FedEx envelope. I will distribute fully-executed copies of the agreements upon my receipt of the same signed by all 4821-2279-6614.1 KUTAK ROCK LLP Damion Pregitzer March 29, 2017 Page 2 parties. If you have any questions or comments regarding these matters, please feel free to contact me. Thank you. Sincerely Zlicar senblatt RJR: lmr Enclosures 4821-2279-6614.1