HomeMy WebLinkAboutA020 - Second Amendment to Contract Rezoning for 798 N. 500th Avenue dated February 28, 2023 f
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Instrument 14: 2023-01164
03/03/2023 09:37:38 AM Total Pages: a
00 OTHER T R
Recording Fee, 22.00
Stacie Herridge, corde
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SPACE A 13 O V E RESERVED FOR OFFICIAL USE
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Return document to: City Clerk,515 ClarkAyemue,Ames IA50010
Document prepared by: Mark 0.Lambert,City ofAmes Legal Deparhnent,515 ClaikAve.,Ames,IA 50010--515-239-5146
SECOND AMENDMENT TO CONTRACT REZONING
AGREEMENT FOR ADOPTION OF THE MASTER PLAN FOR
798 N. 500n AVENUE
THIS IS AN AMENDMENT to an Agreement made by and between the City of
Ames, Iowa and Hunziker Development Group, LLC, upon the following terms and
conditions:
1 DEFINITIONS. When used in this Amendment, unless otherwise required by the
context:
1.1 "City"means the City of Ames,Iowa,an Iowa Municipal Corporation,the
seller of the property herein.
1.2 "Developer" means Hunziker Development Group, LLC, an Iowa limited
liability company.
1.3 "Agreement" means the recorded Agreement, presently in force between
the City and Developer, filed in the office of the Recorder of Story County, Iowa,
on August 15, 2022, as Instrument No. 2022-08152, which was a contract
rezoning agreement with master plan, which set certain conditions for a rezoning
of real property locally known as 798 N. 5001 Avenue,Ames,Iowa.
1.4 "First Amendment" means the recorded Amendment, presently in force
between the City and the Developer, filed in the office of the Recorder of Story
County, Iowa, on January SO , 2023, as Instrument No. 2023-Go ,1 in
which the Agreement was amended to temporarily permit the Developer to
provide the City with a irrevocable,unconditional letter of credit in the amount of
2023-01164 00 03/03/2023 09;37:38 AM Page 2 of 4
$604,725 in lieu of a cash payment owed by Developer to the City as required by
the Agreement.
1.5 "Site" means the real property located at 798 N. 500th Avenue, Ames,
Iowa, the legal description for which is as follows: Parcel "N" a part of the N
113 of the N 112 of the SW FA 114 and of the N 113 of the West 112 of the NW 114
of the SE 114 of Section 6, Township 83 North, Range 24 West of the 5th P.M.,
Story County, Iowa, as shown on the Plat of Survey recorded on December 15,
2003, as Instrument No. 03-24692, Slide 191, Page 1 -AND -Parcel `P"a part
of the N113 ofN112 of the SWFrl. 114 and of the N113 of the W 112 of the NW
114 of the SE 114 of section 6, Township 83 North, Range 24 West of the 5th P.M.,
Story County, Iowa, as shown on the Plat of Survey recorded on December 15,
2003, as Instrument No. 03-24892, Slide 191, Page 2.
2 CIRCUMSTANCES. The Developer has requested certain changes to the conditions
imposed by the Agreement due to a change in the number of road connection points
requested by City staff, which necessitates a change in the master plan. Developer
has also requested an increase to the number of dwelling units allowed upon the Site
from no more than 65 units to up to 75 units.
3 AMENDMENT. The Agreement is hereby amended at Part I(a) by amending and
increasing the"65 dwelling unit"limit to a new limit of"75 dwelling units"
4 AMCNDMENT. The Agreement is further amended by deleting Exhibit A and
substituting therefore a new Exhibit A(Master Plan) attached hereto and made a part
of this Amendment.
5 CONTINUED FULL FORCE. The Agreement and the First Amendment shall continue
to have full force and effect in accordance with the terms thereof,subject,however,to
this Second Amendment.
IN WITNESS WHEREOF, the City and the Developer have executed this Second
Amendment on this 2$ — day of February 2023.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed effective as of the date first above written.
DEVELOPER:
RUNZIE ER DEVELOPMENT
GROUP,LLC
B •
Justin Dod ,Manager
STATE OF IOWA,COUNTY OF STORY,SS.:
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This instrument was acknowledged before me on an ,2023,by Justin
Dodge,as Manager of Hunziker Development Group,LLC,
MARCIA KRAUSE
C0MM}Ww HuMbef E03�020
NOTARY PUBLIC
Passed and approved on February 2023,by Resolution No.23- 1 b ! adopted by the
City Council of the City of Ames,Iowa.
CITaAME A
B
John A.Halla,Mayor
Attest:
Renee VaH,City Clerk
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on February AF ,2023,by John A.Haila and
Renee Hall,as Mayor and City Clerk,respectively,of the City of Ames,Iowa.
� GRACE BANDSTRA NOT Y PUB
F Cotrxnfsslon Number e41947
My CounmiWon EgAm
2023-01164 00 03/03/2023 09:3T38 AM Page 4 of 4
REVISED MASTER PLAN—Exhibit `A'
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