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HomeMy WebLinkAboutA001 - Real Estate Contract with McFarland Clinic REAL ESTATE CONTRACT MC FARLAND CLINIC - CITY OF AMES VACATED PART OF DOUGLAS AVENUE IT IS AGREED between the City of Ames, of Story County, Iowa, Sellers, and Clinic Building Company Incorporated of Story County, Iowa, Buyers: That Sellers hereby agree to sell and Buyers hereby agree to buy such title as the Seller may have to land from a vacated portion of Douglas Avenue, Ames, Iowa, described as: That part of Douglas Avenue lying north of the north line of 12th Street and south of the south line of 1227 Douglas; containing 19,800 square feet. subject to easements reserved by the Seller for public utilities, upon the following terms: ' 1. Payment by the Buyer to the Seller of the sum of Forty-one thousand dollars ($41,000.00). 2. The Buyer covenants to hold the Seller, its officers and employees, harmless and indemnify the same against any and all claims, losses, or liability whatsoever arising out of the closing and vacating of the above described portion of Douglas Avenue. 3. The Buyer covenants that for any building addition to its Clinic facilities located west of Duff Avenue undertaken after 1990, for which additional motor vehicle parking is required by City Code, such parking shall be provided by means of a parking ramp constructed at the Buyers' expense unless said required parking can be met within a two-block area defined by 13th Street, 12th Street, Duff Avenue and Kellogg Avenue. The said parking ramp shall be constructed within the said two-block area. 4. The Buyer shall relocate utility installations for electric, sanitary sewer, storm sewer, water, telephone, gas, and cable television, at Buyers' expense in accordance with agreements to be made between the Buyer and the operators of said installations. 5. All utility facilities, street lights, parking meters or other apparatus of the Seller now located on or extending over the above described land shall remain the property of the City. The parking meters shall be removed at City expense on a schedule consistent with the Buyers' plans for use of said land. 6. After enactment of an ordinance to vacate the above described portion of Douglas Avenue, and upon payment as provided in paragraph 1 above, Sellers shall contemporaneously execute and deliver to Buyers a Quit Claim Deed for the above described land. CLINIC BUILDING COMPANY INCORPORATED THE ES By: vV By: Curtis W. Clark, M.D. F. Paul Goodland President Mayor Attest: By: �. By: Charles R. Elder Nanc ioni Treasurer City Clerk APPROVE TO FORM John R. Kiaus City Attorney ` STATE OF IOWA ss: STORY COUNTY On this a5,4— day of Oak 1989, 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. �9-f�7 passed on the � day of �u e 19 gg and that the said F. Paul Goodland and Nancy Dionig ,, 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. Notary Public i and for Story County, Iowa �/LG L. /P,oF,eG�.�� �,r�in. G P/2 5 >>'I7-9� STATE OF IOWA ss: STORY COUNTY: is NotarOn 'nhand�idday county, ersonall a4&�- ' A.D. 19 be ore e, and Y appeared to me per nal nown, who be'n by me my sworn, did say that they are the and respectively, of the corporation exeucting the foreg ing instrument; that (no seal has been procured by) (the seal affixed thereto is the seal of) the corporation; that the instrument was signed (and sealed) on "bha f f e p ratio y uth �Olf its Board of Directors; that nd acknowledged the execution of the instrumen to be the voluntary act and deed of the corporation, voluntarily executed. s . Atary!Pu c in and for I State of Iowa