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Home My WebLink About~Master - Easement Agreement with VisionBank of Iowa for art placement Instrument 0: 2020-13362 t 11/09/2020 09:02:47 AM Total Pages: 5 / EASE EASEMENTS Recording Fee: $ 27.00 Stacie Herridge, ecorder, Story County Iowa ,III A'i.i �I1rofNII•1ME',Ht1,NIA W1.0"'.0 W,t11I II1 SPACE ABOVE RESERVED FOR OFFICIAL USE Legal descri tion:See page 5, Cent/ Return document to: City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared bv: City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146 PUBLIC ART EASEMENT This Easement Agreement, made effective on ,4 0' off- 2020 is between VisionBank of Iowa (successor by merger of Ames Community Bank), as Grantor, and the City of Ames, Iowa, as Grantee. RECITALS WHEREAS, the City has adopted a program for the placement of art in and on public and private locations throughout the City of Ames; and WHEREAS, Grantor owns the real property located in Ames, Iowa, locally known as 104 Chestnut Street, Ames, Iowa, and is willing to make the property available to the City for placement of Public Art, as defined by Chapter 29 of the Ames Municipal Code, for public viewing upon a portion of the property identified on Exhibit `A' attached (hereinafter the "Easement Area); and WHEREAS, the City's Public Art Commission has recommended to the City Council the installation of certain Artwork upon the real property, which has been accepted and approved by the City Council; and IN CONSIDERATION of the mutual promises and performances set forth below, the parties agree as follows: 1. EASEMENT GRANT AND PURPOSE. Grantor grants to the City, its successors and assigns, a nonexclusive easement over, under, and across the Easement Area described in Exhibit `A' for the purpose of placing, installing, maintaining, operating, and exhibiting the Public Art for public viewing, including any structure, footing or pad thereon required (hereinafter referred to as the "Artwork Base"), together with a right of reasonable ingress and egress to the Easement Area. Any artwork placed within the 2 Easement Area must be approved and formally accepted by the City Council (or be under the authority of the City Council as delegated to the Public Art Commission), whether publicly or privately owned. 2. TERM OF EASEMENT. The Easement shall be perpetual unless or until terminated as provided herein. 3. MAINTENANCE. The maintenance responsibilities of the parties shall be allocated in the following manner: a. The City shall be responsible for maintenance of Public Art owned or leased by the City during the term of the Easement. b. The City shall be responsible for maintenance of the Artwork Base during the term of the Easement. c. The Grantor shall be responsible for maintenance of Public Art owned or leased by the Grantor during the term of the Easement. d. The Grantor shall be responsible for landscaping, and landscaping maintenance, such as mowing and weed control, within the Easement Area. 4. TERMINATION. The Easement granted herein may be terminated as follows: a. The City may terminate the Easement at any time at its sole discretion upon 30 days written notice to Grantor. b. Subject to approval by the City Council, the Easement may be vacated and terminated upon the Grantor's written request for any of the following reasons: i. Grantor intends to convey the real property, or an interest in the real property to a buyer or mortgage lender, and said buyer or mortgage lender requires the termination of the Easement as a condition of sale or refinance. ii. Grantor intends to substantially remodel or alter the real property in a manner that precludes continued maintenance of the Public Art. iii. Grantor's reasonable use and enjoyment of the real property is diminished due to circumstances not known to the parties at the time this Easement was granted. S. REMOVAL OF PUBLIC ART. The City shall remove the Public Art and Artwork Base, if any, within 180 days from the termination of the easement. Artwork not owned or leased by the City shall be returned to its owner. The Grantor shall allow the City reasonable ingress and egress to the Public Art and Artwork Base to allow removal. At any time during the term of this easement, the City may remove the Public Art and Artwork Base from the real property if, in the sole judgment of the City,the Public Art is being excessively damaged or defaced. Restoration of any vegetation or landscaping shall be the sole responsibility of the Grantor. 6. RIGHT OF INGRESS AND EGRESS. During the term of the Easement and the removal period set forth in paragraph 5 above, the City shall have an unrestricted right of ingress and egress over and through the real property to the Easement Area for installing, maintaining, operating, removing, exhibiting and public viewing of the Public Art and Artwork Base. 7. SUCCESSORS BOUND/ASSIGNMENT. This Easement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. Grantor shall not assign this agreement, or any of the obligations created hereunder, without the prior written consent of the City. 8. SEVERASILITY. If any part of this Easement shall be adjudged invalid or unenforceable, such adjudication shall not affect the validity or enforceability of this Easement as a whole or any part thereof not adjudged invalid or unenforceable. 9. NO WAIVER. No waiver of full performance shall be construed or operate, as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of this agreement. 10. TITLE WARRANTY. Grantor warrants to the City that Grantor holds the Easement Area by title in fee simple; that Grantor has good and lawful authority to grant the easement rights herein provided. 11. INDEMNIFICATION. The Grantor does hereby agree ree to defend, hold harmless and indemnifythe City, it r and assigns, from an claim of liability or an other y, s successors g y y y claim related to the Public Art or Artwork Base, or arising out of the use of the easement described herein. 12. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior statements, representations, promises and agreements, oral or written. No addition to or change in the terms of this agreement shall be binding upon the parties unless it is expressed in a writing signed by the parties. 13. INTERPRETATION. Words and phrases used in this Lease shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this agreement are for convenience only and in no way define or limit the scope or intent of any provisions of this agreement. VISIONBANK OF IOWA Dated October�, 2020. Tim Tryon. Market Pres ent STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on October 2020, by Tim Tryon as Market President of VisionBank of Iowa. NATHAN J.BUSS ° Commission Number 768012 My�?rmlr Ex NOTARY PUBLIC CITY OF ES,IOW r rdM By. Attest:. John A. Haila, Mayor Diane R. Voss, City Clerk t� n� STATE OF IOWA,COUNTY OF STORY, SS.: This instrument was acknowledged before me on October , 2020, by John A. Haila and Diane R. Voss, as Mayor and City Clerk of the City of Ames, Iowa. �o AMY L. COLWt L , P Commission Numbe1M mmission Tower' Y �Ij A r PUBLIC Exhibit `A' Public Art Easement: Within Parcel "A", Block 1 in Southwood Subdivision 1st Addition in the City of Ames, County of Story, Iowa; Beginning at a point, 89.00 feet south of the north line of Lot 1 and 12.00 feet west of the east line of Lot 1, thence encompassing an area of 144 square feet located 12.00 feet south and 12.00 feet west of said point. Diagram: I {I i4 i i `t u .A I r- i 1 :i NORTH 104 Chestnut Street