HomeMy WebLinkAboutA004 - Agreement for Sidewalk and/or Bicycle Path RETURN TO:
BRYAN KINNEER
202 SANDBERG CT
AN;F,s IA 50014
Instrunent:21ip8- 000U077$1
fl Da.te:Jul 11r2009 12:56:43P
D Rec Fee: 20.00 c-Con Fee: 1.00
G/ Aud Fee: .00 Trans Tax: ,F10
�7 Rey_ Management Fee: 1.00
Mon-Standard rage Fee: .00
Filed for record in Story Count9i Iowa
Susan L. Va.nde Kaman Countg Recorder
RE"CURN TO:
Louis R.Hockenberg, Esq.
Sullivan&Ward,P.C.
6601 Westown Parkway,Suite 200
West Des Moines,IA 50266-7733
515.247.4702
PREPARED BY:Louis R.Hockenberg,Esq.,Sullivan&Ward,P.C.,6601 Westown Pkwy,Ste 200,West Des Moines,
IA 50266-7733 515.247.4702
AGREEMENT FOR SIDEWALK AND/OR
BICYCLE PATH
The parties to this Agreement are Kinneer Development, LLC, its 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 8th Addition,
Dauntless Subdivision, Ames, Story County, Iowa; and
WHEREAS, the Owners are required to construct a sidewalk and/or bicycle path,
in the subdivision as part of the platting procedure of he City.
NOW, THEREFORE, in consideration of the premises, it is hereby understood
and agreed that:
1. The Owners shall construct a sidewalk and/or bicycle path 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 with respect to any structure that abuts on a segment of a street for
which the said sidewalk and/or bicycle path, has not been completed until the sidewalk
and/or bicycle path is completed as aforesaid. Further, if the sidewalk and/or bicycle
path, is not completed as aforesaid for the segment of the street abutting the structure
within 24 months of the issuance of the permit for that structure, the said permit shall be
revoked, null and void with respect to that structure.
(00106564.DOC)
4
12. 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 3 day of July 2008.
OWNERS CITY OF AMES, IOWA
KinneJeerr Development, LLC
BY �S ,�� lC,.�� o� Malta &./ gy C
Kevin Kinneer, Member , �—
Director of Public Works
00106564.DOC} 01
THE IOWA.STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OF
(icial'corm PJo. 193 Lou's R. Hockenberg THIS FORM,CONSULT YOUR LAWYER
st^'c
fQC I nS
STATE OF IOWA COUNTY OF 1 ss:
On this day of J4/y /i�g before me, a Notary Public in and for the said State,
personally appeared nevi 1(tgtjeC 2 to me personally known, who being by me duly
sworn did say that that person is -bnc(!r�"?P (Insert title of executing member)
of said limited liability company, that Obe seal affixed-te-said4nstr ePA s the s 1 of said) (no seal has been
procured by the said) limited liability company and that said instrument was signed (and-seated) on behalf of
the said limited liability company by authority of its managers and the said kPdi,,I �7'1 Icx fe
acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company
by it voluntarily executed.
Notary Public in and for said State.
E
OUIS R.HOCKENBERG ISeclion 55a.39.Code ofIowa)
ommission Number 4910
WOW
My Commission E>pkw
June 14, 2011
Acknowledgment: For use in the case of limited liability companies
J
O The Iowa Slate Bar Association 2003 193 ACKNOWLEDGMENT
IOWAD.C.6 Revised January,1999