HomeMy WebLinkAboutA008 - Agreement for Sidewalk dated September 20, 2002 INST.NO. ® 2
STORY COUNTY, IO;,dA O�
FILED FOR RECORD
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OCT 2 4 2002 PM D
G
SUSAN L.VANDE KAMP,Recorder
PEC.cU-3. C, LID.ME
�, •, Prepared by&Return to: Timothy C.Hogan,3101 Ingersoll Ave. Des Moines Iowa 50312 (515)279-9059
AGREEMENT FOR SIDEWALK
The parties to this Agreement are BEST BUY STORES, L.P., a Delaware limited
partnership,its successors and assigns, hereinafter referred to as"Owner",and the CITY OF AMES,
IOWA, hereinafter referred to as "City".
WHEREAS,the Owner is in the process of platting a subdivision of real estate per Chapter
23 of the Municipal Code of Ames, Iowa, to be known as DANIELS SUBDIVISION FIRST
ADDITION, Ames, Story County, Iowa; and
WHEREAS,the Owner is required to construct a sidewalk in the right-of-way of all streets in
the subdivision as part of the platting procedure of the City.
NOW,THEREFORE,in consideration of the premises, it is hereby understood and agreed
that:
1. The Owner 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 such
subdivision; or, in the alternative, Owner may obtain such permits and proceed with construction
pursuant to such permits, with the understanding that an "occupancy permit" under City ordinances
shall be withheld with respect to any building that abuts on a segment of a street for which the
sidewalk has not been completed until the sidewalk is completed as aforesaid. Further,ifthe sidewalk
is not completed as aforesaid for the segment of the street abutting the building within twenty-four
(24)months of the issuance of the permit for that building,the permit shall be revoked,null and void
with respect to that building.
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(21)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 'ao�'�' day of S p f e do , 2002.
OWNER:
BEST BUY STORES, L.P.,
a Delaware limited partnership
By: BBC Property Co., a Minnesota
corporation, its General Partner
By:
Name: A a m e S E.
Title: {3 cU: Cc.,"ns< 1.
rt
CITY OF AMES,
Paul Wiegand, Director of ublic..Work
STATE OF +iNN►n►i-��a ) ` ,x„ `, � � .�.rs"•�;r .
)ss.
COUNTY OF f l-e�n
On this -3oD day of S e Pic m L i ,2002,before me,the undersigned, a Notary Public,
personally appeared -1 a m.cs E•Zs•ems _, tome personally known who, being by me duly
sworn, did say that he/she is the oU►`- Ctr",JofBBC Property Co., the General Partner of
Best Buy Stores, L.P., a Delaware limited partnership, executing the foregoing instrument; that no
seal has been procured by the corporation;that the instrument was signed on behalf ofthe corporation
as General Partner of Best Buy Stores,L.P., a limited partnership, by authority of the corporation's
Board of Directors; and that .A es E.T_ +A s as such officer acknowledged execution of the
instrument to be the voluntary act and deed of the corporation and limited partnership by it and by the
officer voluntarily executed.
L (7`\ 1
one: Se
Notary Public in and for said State
DENISE K.HEIN:NESH
J3 NOTARY PUBLIC-MIOTA
�Y
-' DAKOTA COU
My Comm.Expires Jan005.i.r
STATE OF IOWA )
)ss:
COUNTY OF STORY)
On this 23 day of 2002, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared PAUL WIEGAND, to me personally known, who
being by me duly sworn did say that he is the Director of Public Works of the City of Ames, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of the corporation; that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council by
Resolution No. 0'L-5(e 0, passed on the 22-."' day of CAL 6-r' , 2002, and that
PAUL WIEGAND acknowledged the execution of the instrument to be his voluntary act and deed
and the voluntarily act and deed of the corporation, by it voluntarily executed.
DIA.'rE WILHELNI JOHNSON I
�. 14Y COA4MISSION EXPIRES 5
-/H- — Name: -
Notary Public in and for said State
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