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Home My WebLink AboutA009 - Agreement for Sidewalk dated May 5, 2004 j INST.NO. " 0 6 0 5 6 STORY COUNTY,IOWA ✓ FILED FOR RECORD �y Af a MAY 14 2004 PM I 0 SWAN L,VANDEKAMP,Rewrder REC.FEE S2J—Pw BUD.Fes DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146) AGREEMENT FOR SIDEWALK SAFARI SUBDIVISION The parties to this Agreement are DICK CLEM COMMERCIAL PROPERTIES, L.L.C., 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 real estate to be known as SAFARI SUBDIVISION, AMES, STORY COUNTY, IOWA; and WHEREAS,the Owner is required to construct a sidewalk along South High Avenue as part of the platting procedure to the City; and WHEREAS,the City Council adopted Resolution No. 03-379,a copy of which is attached hereto as Exhibit"A",approving deferment of the installation of the sidewalk along South High Avenue until such time as sidewalks are installed elsewhere on South High Avenue; NOW, THEREFORE, in consideration of the premises, it is hereby agreed that the Owner shall maintain in effect with the City a surety bond or letter of credit in the reasonable amount required by the City's engineer conditioned upon the completion of the sidewalk along South High Avenue as required by the City for said subdivision at such time as sidewalks are installed elsewhere on South High Avenue. IT IS FURTHER AGREED that the surety bond or letter of credit, as the case may be, can be substituted with the City by a successor owner;and that the successor owners shall at all times maintain such surety bond or letter of credit in effect in such amount as shall be reasonably required from time to time by the City's engineer. Page 1 of 3 IT IS FURTHER AGREED that upon satisfactory completion of the said sidewalk,the bond shall be exonerated or the letter of credit released, as the case may be. IT IS FURTHER AGREED: 1. That because this Agreement is made for the purpose of meeting the subdivision regulations and plat approval requirements of the City with respect to Safari Subdivision,Ames, Story County,Iowa,the City may,consistent with this Agreement,order the installation of those sidewalks to meet the standards of the City. The Owner of record at such time shall install such sidewalks at their sole expense. The City shall have the right to bring suit for specific performance of that obligation to install sidewalks. Additionally,or in the alternative,the City may award contracts for the construction of such sidewalks and assess the costs to all or any part of the land included in the said subdivision. 2. In anticipation of the possibility that the City may at some time deem it to be in the public interest to cause construction of sidewalks by means of City awarded contracts to be paid by special assessments to be levied against the lots in Safari Subdivision,Owner does hereby covenant and agree that by execution of this instrument Owner,its successors and assigns,including purchasers of lots,and each of them, shall pay and are bound to pay to the City,the costs of the aforesaid improvements assessed to the lots in Safari Subdivision by action of the governing body for the City,after notice of hearing as provided by Section 3 84.50 Code of Iowa, the provisions of Section 384.38 Code of Iowa notwithstanding. 3. Without affecting the foregoing waivers of rights,and other provisions and obligations of this Agreement, it is understood and agreed that if and when the governing body of the City conducts a hearing on a proposed resolution of necessity to assess sidewalk construction costs to land referred to in this Agreement, the owners of such land may then appear before the governing body of the City and be heard. 4. Additionally,Owner, in consideration of the benefits derived from approval of the said plat of subdivision, receipt of which is hereby acknowledged, does covenant with the City that it will never, at any future time,sue the City,or any officer or employee of the City to challenge validity or enforceability of this Agreement; or,to test the regularity of the proceedings or legality of the assessment procedure,to appeal the amount of the assessment, to enjoin, set aside, overturn, or reduce the amount of such assessments levied Page 2 of 3 against the said land by the City. The foregoing provisions encumber the land that is platted as Safari Subdivision,Ames,Story County, Iowa. DATED this --day of Zffe 2004. OWNER STATE OF IOWA,STORY COUNTY ss: On this 5 day of M6- 2004,before DICK CLEM COMMERCIAL me,a notary in and for the State of Iow ersonally appeared Richard Clem, to me personally known, who being by me PROPERTIES,L.L.C. duly sworn or affirmed did say that that person is Owner of said limited liability company and that said instrument was � signed on behalf of the said limited liability company by By: L2��LLGs!/ authority of its managers and the said Richard Clem acknowledged the execution of said instrument to be the Richard Clem, President voluntary act and deed of said limited liability company by it voluntarily executed. KACMIYL.CGENTLERN NO.224318 `SION EXPIRES ��Notary Public in and for the State of Iowa 0s CITY OF AMES OWA STATE OF IOWA,STORY COUNTY ss: On this 11 t5l day of A-A o-(--1 ,2004,before me,a Notary Public in and for the State orfowa,personally By: appeared Ted Tedesco and Diane R.Voss,to me personally Ted Tedesco, Mayor known,and,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 Attest J-; Dtan -oss, City Clerk instrument was signed and sealed on behalf of the y corporation,by authority of its City Council,as contained in V t Resolution No. 03-079 adopted by the City Council on the 23rd day of September, 2003, 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 yow tartly executed. Notary Public in and for h Stat f Iowa Safari Subdivision-Agreement for Sidewalk-050504 =�P0AC sr JILL L. RIPPERGER COMMISSION#146549 * r, Cr-Z MY COMMISSION EXPIRES lo,va •1.7-0 Page 3 of 3 J EXHIBIT A �t RESOLUTION NO.03-379 RESOLUTION DEFERRING INSTALLATION OF SIDEWALK ALONG THE WEST SIDE OF SOUTH HIGH AVENUE AS PART OF A TWO-LOT SUBDIVISION AT 212 SE 16TE STREET FOR THE CITY OF ATNIES WHEREAS,the property owner owns the subject lot that was originally platted in 1978 as Lots 2, 6, and 7 of Camelot Subdivision; and, WHEREAS, at some point since the original plat, the property owner combined Lots 2, 6, and 7, through a Plat of Survey, and the site was given a new parcel designation: Parcel B; and, WHEREAS, at this-time, the property owner is wishing to sell the western half, or basically the original Lot 2, of the subject property; and, WHEREAS, the subject property must be subdivided in order for part of the parcel to be sold; and, WHEREAS,the proposed Subdivision would create an eastern parcel(original Lots 6 and&7)with 205 feet of frontage along South High Avenue and also along Southeast 16'h Street; and, WHEREAS, the frontage alon;Southeast 16'Street is only 35 feet wide and is comprised entirely of a paved drive aisle; and. WHEREAS,the property owner is requesting that the City Council waive the requirement to install the sidewalk, citing that the existing area does not currently have sidewalks and installation would be difficult and expensive due to existing building placement;narrow right-of-way, and steep slopes; and. WHEREAS. Section 23.403(14) of the lVlunicipal Code requires the installation of sidewalks with the subdivision of property, but it does allow for waivers or modifications to the requirements in certain instances. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa, that the deferment of the installation of the sidewalk until such time as sidewalks are installed elsewhere on South High Avenue is hereby approved pending receipt of a signed agreement and a letter of credit, or other acceptable security, to ensure the installation of the deferred sidewalk. ADOPTED THIS 23rd day of September, 2003. Diane R.Voss, City Clerk Ted Tedesco,Mayor Introduced by: Goodhue Seconded by: Vegge Voting aye: Cross, Goodhue, Hoffman, Mahayni, Vegge, Wirth Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 23'of September, 2003. Pay Q. `f