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HomeMy WebLinkAboutA005 - Agreement for Sidewalk dated February 17, 2005 Instrument Prepared By: David W.Benson, 1416 Buckeye, Ste.200,Ames, IA 50010;515-233-3000 AGREEMENT FOR SIDEWALK The parties to this Agreement are Airport Road Developers, L.C., an Iowa limited liability company, 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 pursuant to Chapter 23 of the Municipal Code of Ames, Iowa, to be known as AIRPORT ROAD SUBDIVISION, THIRD ADDITION,AMES, STORY COUNTY, IOWA; and WHEREAS, the Owners are required to construct a sidewalk along the South side of Lot 1 and the North side of Lot 2 of said 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 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 said subdivision; 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. 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. 1 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 February,2005. OWNERS AIRPORT ROAD DEVELOPERS, L.C., an Iowa limited liability company By: D E. HUNZIKE anager STATE OF IOWA, STORY COUNTY, ss: On this _7 day of February, 2005, before me, Notary Public in and for the State of Iowa, personally appeared Dean E. Hunziker, to me personally known, who being by me duly sworn did say that the person is a Manager 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 Dean E. Hunziker acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Aa" '�(J. Notary Public in and for the State of Iowa CITY OF AMES,IOWA %1AC DAVID W. BENSON COMMISSION NO. 111230 MY COMMISSION EXPIRES :13y: O mot— sown Z N-ZCAD 'pire for of Public Works 2