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HomeMy WebLinkAboutA009 - Agreement for Sidewalk dated March 28, 2008 �(1 ar �.�..lor rr►ant5 Qolt (lq NU��t,j 5012. ( ✓/ Instrument:2OOE- 0000545E h Datefts I?Y200E 01:56:OOP D Rec Fee: 10.00 E-Con Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 Rec Hanasenent Fee: 1.00 {'ion-Standard Fase Fee: .00 Filed for record in Story Countyr Iowa Susan L. Vande Kaman County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Streetar Cameron,317 6''Ave.,Suite 300,Des Moines,1A 50309(515)243-8157, AGREEMENT FOR SIDEWALK The parties to this Agreement are Chelan Daybreak, LLC, their successors and assigns, 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 per Chapter 23 of the Municipal Code of Ames, Iowa, to be known as West Towne Subdivision, Ames, Story County, Iowa; and WHEREAS, the Owners are required to construct a sidewalk 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 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 1 shall be withheld with respect to any structure that abuts on a segment of a street for which the said sidewalk has not been completed until the sidewalk is completed as aforesaid. Further, if the sidewalk is not completed as aforesaid for the segment of the street abutting the structure within 24 months of the issuance of the permit for said structure, the said permit shall be revoked,null and void with respect to that structure. 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 inI the covenants are filed as provided by law. DATED this o2�day of 64Y 20 09 . OWNERS: CITY OF AMES,IOWA CHELAN DAYBREAK,LLC By. By: - Mafffhe�et, an ei °" Director of Public Works STATE OF IOWA, STORY COUNTY ss: STATE OF IOWA, STORY COUNTY ss: This instrument was acknowledged before me This instrument wkis,acknowledged before_ e this o2ge day of f , by this 3 day of F'L;by -�I nk V) Matthew Eller,Manager of Chelan Daybreak,LLC. c (/l as Director4 Public Works:,fojr;: ;r=: the C of A es,Iowa. s � 'gotarl P lic in an for tate of Iowa Notary Public in and for State oP si EGAN TJERNAGELCommiss'on Hurr`.cr,134019 z ission Number 724609My Commission Expires SIAL Commission Expires ow►• !/,[07 �8 "' '3� .'i.�z �'�; �n r TM,� .4�'�" tember 1 „��r�'�,,.,,,,fs ;vS 2