HomeMy WebLinkAboutA001 - Agreement for Sidewalk dated August 21, 2001 01 - 12920
INST.NO.
STORY COUNTY,IOWA
v' Z FILED FOR RECORD
aw � CAM SEP .2 2001
� o � y
M d //SUSAAN L VANDE KAMP,Recorder S�
flKM1
Instrument Prepared By:
Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921
AGREEMENT FOR SIDEWALK
The parties to this Agreement are H&F BUILDERS PARTNERSHIP,L.L.C.,hereinafter
referred to as "Owners" and the CITY OF AMES, IOWA, hereinafter referred to as "City".
WHEREAS,the Owners are in the process of platting a subdivision of real estate per Chapter
23 of the Municipal Code of Ames, Iowa, to be known as Bentwood Subdivision Fifth Addition,
Ames, Story County, Iowa; and
WHEREAS,the Owners are required to construct a sidewalk as part of the platting procedure
of the City.
NOW, THEREFORE, in consideration of the premises, it is Hereby understood and agreed
that:
l. The Owners shall construct a sidewalk as required by the City for said Subdivision,in
accordance with plans and specifications on file with the City's engineers and by this reference made
a part of this agreement, before any City building or zoning permit will be issued with respect to
affected lots; or, in the alternative, owners may obtain said permits and proceed with construction
pursuant to said permits,with the understanding that an"occupancy permit"under City ordinances
shall be withheld until the sidewalk is completed as aforesaid; and,further,that if the sidewalk is not
completed as aforesaid within 24 months of the issuance of the permits, the said permits shall be
revoked, null and void.
2. This Agreement shall be filed for record in the office of the Story County Recorder
and all covenants, agreements, promises and representations herein stated shall be deemed to be
covenants running with the land and shall endure and be binding on the parties hereto, their
successors and assigns, for a period of twenty-one years from the date of the recording of these
covenants, unless claims to continue any interest in the covenants are filed as provided by law.
DATED this day of / ` � , 2001.
OWNERS
H & B ELDERS P TNERS IP, L.L.C.
By: P_),� It, __
By: eary , Manager
1 ']Z�zz3M_/W/'t_
Donald M. Furman, Manager
DATED THIS "'day of, �+. 2001.
CITY OF AMES,IOWA
By:
Paul Wiegand
Director of Public Works
P:0SKrauth\Bentwooffifth Addition\AgreeSidewalk.doc
2
r .
STATE OF IOWA, COUNTY OF STORY, SS:
On this )I day of , 2001, before me, Notary Public in and for the State of
Iowa,personally appeared Gary J. Hu ziker and Donald M. Furman,to me personally known,who
being by me duly sworn did say that they are Managers 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 said Gary J.Hunziker and Donald M. Furman acknowledged the execution of said
instrument to be the voluntary act and deed of said limited liability company by it voluntarily
executed.
R YBECCA CRAWFORD
EXPM Notary Public in an for the e of Iowa
STATE OF IOWA, COUNTY OF STORY, SS:
On this/�day of ,2001,before me,the undersigned,a Notary Public in and
for said State,personally appea ed Paul Wiegand to me known to be the Person named in and who
executed the foregoing instrument, and acknowledged that the person executed the same as the
persons voluntary act and deed.
DME WILHELM%K*#WON
AN COMMISSIONS 147508 Notary Public in and for the St of Iowa
" MY COMMISSOM EXPfRES n'
owl,
P:\DSKrauth\Bentwood\Fifth Addition\AgreeSidewalk.doc
3