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HomeMy WebLinkAboutA005 - Agreement for Sidewalk and Street Trees dated July 19, 2006 14 Instrument:20+16- 00014193 M Date:Aug 16t2006 11:8::07A D Rey_ Fee: 15.00 {C-Com Fee: 1.00 u Aud Fee: .00 Trans Tax: .00 Rey_ Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story County, Iowa Susan L. Vande Ka.mcr County Recorder �v Instrument prepared by and return to: Deborah S. Krauth, 1416 Buckeye,Ste. 200,Ames,IA 50010;515-232-3921 AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement are HUNZIKER LAND DEVELOPMENT COMPANY, L.L.C., hereinafter referred to as "Developers" and the CITY OF AMES, IOWA, hereinafter referred to as "City". WHEREAS, the Developers 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 Taylor Glenn Subdivision Third Addition, Ames, Story County, Iowa; and WHEREAS,the Developers are required to construct a sidewalk and plant street trees 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 Developers 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, and plant the trees as required by Section 23.402 of the Municipal Code of the City of Ames,Iowa,before any City building or zoning permit will be issued with respect to affected lots; or,in the alternative,Developers may obtain said permits and proceed e with construction pursuant to said permits,with the understanding that an"occupancy permit"under City ordinances shall be withheld until the sidewalk is completed and trees planted as aforesaid;and, further,that if the sidewalk is not completed or trees are not planted 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 I , 2006. DEVELOPERS HUNZIKER LAND EVELOPMENT COMPANY,L. J 1 By: f � E. Hunziker, Manager By: e�t.i1 Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, ss: On this day of ,2006,before me,Notary Public in and for the State of Iowa,personally appea can k Hunziker and Charles E.Winkleblack,to me personally known,who being by me duly sworn did say that these persons 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 Dean E.Hunziker and Charles E.Winkleblack acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. AMY BREKKE Notary Pub Qi in and for the State of Iowa A731 273 2 CITY OF AMES, IOWA �— �� John Joiner f Director of Public Works XACGent_H\Hu iker_Entities\liu iker_Laztd_Developtnent_Company_LLC\Taylor_Glen_Subdivision_Third_Addition\AgreeSidewalk.doc 3