HomeMy WebLinkAboutA018 - Agreement Pertaining to Traffic Impact dated January 28, 2005 01/17/05 HON 10:17 FAX 515 239 5404 AMES PLANNING&HOUSING 2002
AGREEMENT PERTAINING TO
TRAFFIC IMPACT
THIS AGREEMENT,made and entered into effective the. D�� day o
20051 by and between the City of Ames, Iowa (the City) and Premier Contr tors, Inc., its
mortgagees, successors and assigns,(Developer),
WITNESSES THAT :
WHEREAS,Section 29.1502(2)(d)(i)(r)of the Municipal Code of the City of Ames,Iowa
vests inthe City's planning staffthe discretionary authorityto require on behalfofthe City"...traffic
impact studies_.."as deemed necessarybythe said Planning staff to determine whether Citypermits
should be issued; and
WHEREAS,the said traffic impact study submitted on December 9,2004 with respect to
the proposed construction of commercial buildings, offices and apartment dwellings on a site
described as:
A part of Lot 2, Seventh Addition,Dauntless Subdivision,a Replat of Lots 2 and 3
of the Fifth Addition, Dauntless Subdivision, being an official plat in the City of
Ames, Story County, Iowa, and being more particularly described as follows:
Beginning at the Northwest corner of said Lot 2, Seventh Addition, Dauntless
Subdivision; thence South 67°49'31" east along the Northerly line of said Lot 2, a
distance of484.09 feet;thence Southeasterly continuing along said Northerly Iine and
along a curve concave Northeasterly whose radius is 3550.00 feet,whose arc length
is 365.56 feet and whose chord bears South 70°4631"East,365AO feet;thence South
22°10'29" West, 735.26 feet to the Southerly Line of said Lot 2; thence North
73*00'14"West along said Southerly line,245.47 feet;thence North 68'04154"West
continuing along said Southerly line,604.54 feet to the Southwest comer of said Lot
2;thence North 22'10'29"East along the West line of said Lot 2, 741.32 feet to the
point ofbeginning and containing 14.40 acres(627.478 s.f.),all as shown on the plat
of survey attached hereto and made a part hereof
has caused the City staff to conclude that the proposed plan of development cannot be approved
unless the use of the proposed buildings is restricted, and future owners of the said site are jointly
and severally obligated to pay to the City the cost of certain contingent street improvements:
NOW,THEREFORE,the parties hereto,their mortgagees, successors and assigns,have
agreed and do agree as follows:
I. "Trade use" as stated in Table 29.501(4)-3 of the Municipal Code of the City of
Ames,Iowa shall not be allowed or conducted in more than twenty-five percent(25%)of the interior
first floor square footage constructed on the said site. Furthermore, such"trade uses"shall not be
permitted on the second or higher floor of any building on the site.
2. If the restrictions on "trade uses"stated in paragraph 1 above are exceeded, that is,
if the said"trade uses"occur in more than 25%of the interior first floor space of the buildings on
the site, or on a second or higher floor of any building on the site, the Developers shall initiate,
01/17/05 MON 10:17 FAX 515 239 5404 AMES PLANNING&HOUSING 0 003
I
complete and deliver to the City a traffic study that meets the standards of professional traffic
engineers, within a reasonable time after written direction to do so from the planning staff of the
City. Any and all costs and expenses arising out of the completion of the said traffic study shall be
paid by the Developers and shall not give rise to any financial obligation of the City.
3. Developer shall, in the event that the traffic study shows that the traffic levels and
congestion at the intersection of South Dakota Avenue and Mortensen Road in Ames, Iowa falls
below the level of effecacy that is called and understood in the field of traffic engineering to be
"service level c", pay to the City the costs of the mitigation work and improvements deemed
necessaryby the City's engineers to restore the effecacy ofthe intersection to such"service level a".
4. This Agreement shall run with the site described above and shall be jointly and
severally binding upon the Developer,it's mortgagees,successors and assigns,including each and
every purchaser of all or any part of above described site.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed effective
as of the date first above written.
CITY ZOF :S,IOWA PR)EMYER C N'TRACTORS;INC.
�l BY: By:
l: Ted Tedesco,Mayor Matt E President
Eller, JoLdLs ,o,�,�,W
STATE OF IOWA,STORY CO ss:, �4�' S
Attest b Nlit/ J� � On this o_( day of ,20
O_before me,allotary Public in and for the StatEoIowa,
Diane Voss,City Clerk personallyappearedMattEller,tome personally known,who
being by me duly sworn,did say that that person is President
STATE OF IOLA,STORY CPUNTY so- of said corporation,that the seal affixed to said instrument is
On this, day of 1`-2Y� 20 L before me,a the seal of said corporation,or no seal has been procured by
Notary Public in and for the State of Iowa, personally the said corporation,and that said instrnnentwas signed and
appeared Ted Tedesco and Diane R.Voss,to me personally sealed an behalf of said corporation by authority of its board
known,and,who;being bymc duly sworn,did say that they of directors and the said Matt Eller acknowledged the
are the Mayor and City Clerk,respectively, of the City of execution of said instrument t be the voluntary act and deed
Ames,Iowa;that the seal affixed to the foregoing instrument of said corporation by kt vol tartly executed,
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 Nora Public n and for the State of Iowa
Resolution No. — adopted by fhee Cif Counct7 an n'
the Vf" day of F . "'?and that Ted
Tedesco and Diane R Voss 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 �y, MBOAN A N11480"
executed. $I N Commission Number 724609
• fly Commission Expires
September 18, 2006
No Public in an4fb a St of Iowa
APPROVED AS TO FORM opVAL JILL L. RIPPERGER
COMMISSION#146549
6Y * MY COMMISSION EXPIRES
`bhtl R.Klaus rowA
Clly Aftomey
01/17/05 MON 10:18 FAX 515 239 5404 AMES PLANNING&HOUSING 1@ 004
MORTGAGE SUBORDINATION
The mortgage to the Commercial Federal Bank,a Federal Savings Bank,7465 Ashworth,West Des
Moines,Iowa,dated the 3rd day of December,2004,and filed as Instrument No.200400016059,in
the office ofthe Story County Recorder,is hereby subordinated to the foregoing agreement,in favor
of the City of Ames,Iowa.
COMMERCIAL,FEDERAL BANK STATE OF TOWA,S RY COUN ss:
On this�_day of ,20
before me,a Not Public in r the Stat f Iowa,
personally appeared o me personally
known,who being bye my sworn,did saythat that person
$X is o said corporation,that the seal
atfixcd to said instnurnent is the seal of said corporation,or no
seal has been procured by the said corporation,and that said
instrument was signed and sealed on behalf of said
rporoon b thority of its board of hVetors and the said
acknowledged the execution of said
instrument to be the velum act and deed of said
corporation by it voluntarily cuted.
otary Public to d for the State orlowa
Premier Contractors Traffic Impact Agmcn=%10405.wpd
ras Mi:GAN A NCI. ON
Commission Dlumber 724609
: MY Commission Expires
' � September 18,200E