HomeMy WebLinkAboutA026 - Council Action Form dated August 24, 2021 - changes to Covenants t
ITEM # 23
DATE: 08-24-21
COUNCIL ACTION FORM
SUBJECT: AMES COMMUNITY DEVELOPMENT PARK SUBDIVISION 4T"
ADDITION CHANGES TO COVENANTS
BACKGROUND:
In 2009 the City entered into a Development Agreement for the Ames Community
Development Park 4t" Addition. Section 15 of the Development Agreement references an
Exhibit "B", Restrictive Covenants, that all buildings within the subdivision must comply
with. The covenants recorded with the development agreement in 2009 prohibits the
parking of trailers or mobile homes, or other similar structures on any lot except those
used by a contractor during construction, (Exhibit A, page 9, paragraph 1). City Council
is being asked to recognize a change in the Restrictive Covenants to allow the
parking of auxiliary trailers on a site since the covenants are referenced and
attached as an exhibit to the Development Agreement.
In 2016, Story Construction built a new office building within this subdivision. At the time
of site plan review the parking of job site trailers was not shown on the plan nor was it
indicated they would be parked on site. Story Construction uses these trailers to preplan
projects and then take to job sites. The length of time for which a trailer sits may vary
dependent on the company's project schedule, but a trailer will never sit longer than six
months. Story Construction has worked to amend the restrictive covenants to allow the
job site trailers to be parked on site within the subdivision and has indicated they have
support of the other property owners in the subdivision.
The Development Agreement and the associated Restrictive Covenants include
restrictions related to building design, building materials, and site design above and
beyond what the Zoning Code requires. While the City is part of the Development
Agreement, it is not involved in the Restrictive Covenants directly. Staff completes
a review of site plans for compliance with the Development Agreement and Covenants to
ensure consistency with the construction requirements.
The limitation on storage of trailers is a higher-level restriction than what the General
Industrial, GI, base zoning would permit. The proposed language change addressing
trailers that are auxiliary to the primary use would meet the intent of the original covenant
that was designed to stop large scale storage uses from occupying land in the
development.
Changes to the Covenants have already been approved by all affected property owners
and have been recorded. The change now allows "auxiliary use trailers". (Exhibit B, pages
2 and 3). Auxiliary use trailers will not be allowed to be parked in the same location for
longer than six months and shall not be used for storage.
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ALTERNATIVES:
1. Acknowledge changes to the Restrictive Covenants to include exceptions for
auxiliary trailers that may be parked on a site for a period not to exceed six months.
2. Do not acknowledge the updated Restrictive Covenants
CITY MANAGER'S RECOMMENDED ACTION:
This change to the Restrictive Covenants facilitates the requestor's needs and there are
no objections from other property owners in the subdivision. Acknowledging the change
to the Restrictive Covenants will ensure consistency in site plan review by City staff. The
proposed new exception will have limited impact on the buildout, appearance, and use of
the property in the subdivision and meets the general intent of the original restriction.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative 1, as described above.
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EXHIBIT A: 2009 Development Agreement
AMES CITY CLERK
Box 811
AMES IA 50010•-0811 IaterFeent82r200 02-38:21P
tl Date:Fe6 18r.)09 �.
D Rer Fee' 50.00 E-Con Fee: 1.00
G� Aud Fee' .00 Trans Tare. 00
f/ Rec Manasenent Fee: 1•01) f10
Non-Standard Page Fee:
Filed for record in Story County, Iowa
Susan L. Vande YQMP, County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Douglas R.Marek,City of Ames Legal Department,515 Clark,Ames,IA 50010
Return recorded document to:Ames Citl Clerk 515 Clark Ave.,Ames,IA 50010
DEVELOPMENT AGREEMENT
FOR AMES COMMUNITY DEVELOPMENT PARK
SUBDIVISION 4"'ADDITION
{` THISDPVELOPMENT AGREEMENT ("Agreement") is made and entered into this
_y day of k �,(/zQD),by and between the CITY OF AMES, IOWA (hereinafter called
the"City")and DAWN PARK,L.L.C. (hereinafter called the"Developer")(the City and the
Developer are sometimes collectively referred to herein as the"Parties").
WHEREAS,it is the intention and'representation of the Developer to undertake a project
to construct and market industrial buildings on certain real property (as more particularly
described in Paragraph 2 herein)atbelow-market cost(the"Pro Let");and,
WHEREAS, the Developer desires that the City facilitate the Project by causing the
construction of certain Public Improvements (as defined in Paragraph 5 herein) to serve the
Project and the aforesaid real property;and,
WHEREAS, the Parties desire that, to the greatest extent possible, the cost of
constructing and financing the Public Improvements be abated by an increment in property taxes
based on the progress of the Project;and,
WHEREAS,the City has a policy of encouraging projects of economic development that
have the potential for providing substantial increases in permanent employment opportunities,
added revenue support for government services,and expansion of the property tax base.
NOW, THEREFORE, in consideration of these premises and of the mutual promises
hereinafter set out,the Parties hereto agree and covenant as follows:
1. DESIGN. The Developer shall be responsible for the design of the Project, including the
design of all public infrastructure improvements.
2. PLATTING. The Developer shall prepare and submit to the City Council of the City of Ames,
in accordance with applicable laws and ordinances,a final plat of subdivision(as depicted on the
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preliminary plat submitted on December 29, 2008, attached hereto as Exhibit "A") subdividing
the real property legally described as follows:
Outlot `Z', Four Seasons Park Subdivision,and Parcel `L',in the SW '/4 of
Section 7,T83N,R23W.All in the City of Ames, Story County, Iowa,
(the"Subdivision").
3. GRADING. The Developer shall be responsible for the grading of the Subdivision to
accommodate the Public Improvements (as defined in Paragraph 5 herein) as well as the lots
within the Subdivision.
4. TIF DISTRICT. The City shall institute proceedings for the establishment of a Tax Increment
Finance District (the "TIF District"), pursuant to Chapter 403 of the Code of Iowa, that will
coincide with the Subdivision.
5. TIF PROCEEDS. Once the TIF District is established,it is agreed that the proceeds therefrom
(the"TIF Proceeds")shall be used by the City to pay for the construction of water mains,storm
sewers, sanitary sewer mains, street lights, electric distribution facilities, streets, curbs, and
gutters (the"Public Improvements") within or affecting the Subdivision. The Developer shall
be responsible to pay for all other costs associated with the development of the Subdivision.
Notwithstanding the foregoing, if the bids received by the City for the water, sanitary sewer,
storm sewer, and street improvements exceed $875,000, it is agreed that the City, at its option,
may repeal the ordinance establishing the TIF District identified in Paragraph 4 herein and will
thereafter no longer be required to provide TIF Proceeds to support the Public Improvements
needed for the Subdivision.
G. DEDICATION OF RIGHTS-OF-WAY AND EASEMENTS. All rights-of-way and easements
needed for the development of the Subdivision shall be dedicated by the Developer to the City at
no cost.
7. FIRST SPECULATIVE BUILDING. The Developer shall complete construction of a building
(the "First Speculative Building") on a lot within the Subdivision, excluding lots greater than
1.5 acres in size, in accordance with the regulations of the City, not later than eighteen (18)
months from the completion of the Public Improvements (the "First Speculative Building
Completion Date") required for the approval of the final plat of the Subdivision.
Notwithstanding the foregoing, if a person or entity not a party to this Agreement (a "Third-
Party") is the titleholder of a lot within the Subdivision and completes the construction of a
Speculative Building (as defined in Paragraph 20 herein) on said lot within the timeframe for
construction identified above, said building shall be deemed the First Speculative Building and
the Developer shall be deemed to be in compliance with this Paragraph 7.
8. VALUE AND SIZE FIRST SPECULATIVE BUILDING. The First Speculative Building shall have
an assessed taxable value, exclusive of land, of not less than $350,000; and shall have not less
than 10,000 square feet of floor area.
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9. SECOND SPECULATIVE BUILDING AND SUBSEQUENT SPECULATIVE BUILDINGS. Not later
than twelve(12)months after the construction and occupancy of the First Speculative Building,
or not later than twelve(12)months after the First Speculative Building is no longer speculative
in nature, whichever occurs first (the "Second Speculative Building Completion Date"), the
Developer shall complete the construction of a second building (the "Second Speculative
Building") having an assessed taxable value, exclusive of land, of not less than $350,000, and
having not less than 10,000 square feet of floor area. Thereafter, not later than twelve (12)
months after the construction and occupancy of the Second Speculative Building, or not later
than twelve(12)months after the Second Speculative Building is no longer speculative in nature,
additional buildings (the "Subsequent Speculative Buildings'), each of which shall have an
assessed taxable value, exclusive of land,of not less than$350,000,and shall not have less than
10,000 square feet in floor area, shall be constructed by the Developer so that there is at all
times, a Subsequent Speculative Building available for occupancy or under construction.
Subsequent Speculative Buildings shall be constructed by the Developer:(i)not later than twelve
(12) months after the construction and occupancy of the Second Speculative Building, (ii) not
later than twelve (12) months after the construction and occupancy of any Subsequent
Speculative Building, or (iii) not later than twelve (12) months after the Second Speculative
Building or any Subsequent Speculative Building is no longer speculative in nature, whichever
occurs first(the"Subsequent Speculative Building Completion Date"). This requirement shall
continue until all lots within the Subdivision, except lots greater than 1.5 acres in size, contain
either the First Speculative Building, the Second Speculative Building, or Subsequent
Speculative Buildings,or until the debt issued by the City to pay for the Public Improvements is
paid in full, whichever occurs first. The Second Speculative Building and Subsequent
Speculative Buildings shall not be constructed on lots greater than 1.5 acres in size.
Notwithstanding the foregoing, if a Third-Party is the titleholder of a lot within the Subdivision
and completes the construction of a Speculative Building within twelve (12) months after the
completion and occupancy of the First Speculative Building,or within twelve(12)months after
the First Speculative Building is no longer speculative in nature, whichever occurs first, said
building shall be deemed the Second Speculative Building and the Developer shall be deemed to
be in compliance with this Paragraph 9 as it relates to the construction of the Second Speculative
Building. Thereafter, within twelve (12) months after the completion and occupancy of the
Second Speculative Building or any Subsequent Speculative Building, or within twelve (12)
months after the Second Speculative Building or any Subsequent Speculative Building is no
longer speculative in nature, whichever occurs first, if a Third-Party is the titleholder of a lot
within the Subdivision and completes the construction of a Speculative Building on said lot,such
construction shall be deemed to be the construction of a Subsequent Speculative Building and the
Developer shall be deemed to be in compliance with this Paragraph 9 as it relates to the
construction of Subsequent Speculative Buildings.
10. SECURITY. As security to the City for the completed construction of the aforesaid First
Speculative Building,the Second Speculative Building or the Subsequent Speculative Buildings,
the Developer hereby promises to pay the sum of $350,000.00 to the City on the First
Speculative Building Completion Date,the Second Speculative Building Completion Date or any
Subsequent Speculative Building Completion Date,as the case may be,if said buildings are not
then completed by said dates and, to effectuate this Paragraph 10,the Developer shall execute
and deliver to the City a first lien mortgage in the amount of$350,000.00 that shall encumber a
portion of the Subdivision. Said portion shall be identified and determined at the time the final
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plat and other platting documents for the Subdivision are approved by the City and shall
encumber only that portion of the Subdivision identified therein and only as to the amount
specified herein;however,said portion shall encumber not less than 6.36 acres of land within the
Subdivision. Said mortgage shall be delivered to the City within thirty (30) days after the
recording of the final plat and other documents necessary to subdivide the real property of which
the Subdivision is comprised,
11, LAND PRICE CEILING. The Developer, and any lot owner of record, as the case may be,
covenant not to sell any of the lots within the Subdivision for a price greater than the price per
acre of$55,000,plus an increase of five percent(5%)per acre on July 1 of each year beginning
July 1, 2011 (the"Price Ceiling"). It is the understanding of the Parties that when title to a lot
within the Subdivision is in the name of a Third-Party (a "Third Party Lot"), the Developer
shall not be liable,in any way, for any sale of a Third-Party Lot at a price in excess of the Price
Ceiling. The City agrees to look only to the Third-Party making the sale for any resulting
damages and further agrees that such a sale shall in no way be considered a breach of this
Agreement by the Developer,
12. No TAx EXEMPTION. The Developer,and any lot owner of record,as the case may be,shall
not apply for the industrial property tax exemption provided by Ames Municipal Code Sections
24.8to 24.13 pursuant to Chapter 427E of the Code of Iowa,or for any other tax exemption that
may be or become available to the Developer or lot owner of record with regard a lot within the
Subdivision or any buildings or machinery constructed or placed on a lot within the Subdivision.
Notwithstanding the foregoing, the City hereby agrees that the Developer shall not be liable, in
any way,for the application by a Third-Party for tax exemptions related to a Third Party Lot and
that the City shall look only to the Third-Party making such application for any resulting
damages,including,but not limited to,the difference in the property taxes that would have been
derived from the Third Party Lot pursuant to this Agreement and without said exemptions and
the property taxes actually derived from the Third-Party Lot. In addition,the City agrees that the
application for tax exemption by a Third-Party related to a Third-Party Lot shall in no way be
considered a breach of this Agreement by the Developer.
13. SALE OF LAND. In order to assure that no single entity is able to buy all of the lots within the
Subdivision, the Developer shall make available for sale, to any person or entity not affiliated
with the Developer, at least fifty percent (50%) of the lots titled in the Developer's name and
containing no improvements thereon, all in accordance with and subject to the Price Ceiling
identified in Paragraph 11 herein.
14. MINIMUM ASSESSMENT. The Developer agrees to enter into a Minimum Assessment
Agreement with the City and City Assessor for all lots greater than 1.5 acres in size that
authorizes the City Assessor to establish an assessment on buildings that are constructed on said
lots at a taxable value of,at least,$266,000 per acre. This minimum assessment requirement will
terminate once the debt issued by the City to pay for the Public Improvements has been paid oil.
15. BUILDING QUALITY'. In order to assure that the buildings constructed on the lots within the
Subdivision are of a superior quality, the Developer agrees to adopt the restrictive covenants
attached hereto as Exhibit"B"and by this reference incorporated herein,and to require that said
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restrictive covenants be recorded contemporaneously with the recording of the final plat of the
Subdivision.
16. TIMELINE FOR CONSTRUCTING BUILDINGS. The intent of the Project is for purchasers of
the lots within the Subdivision to make improvements promptly and not to hold the property in
an undeveloped state or to delay making improvements. Therefore, the purchaser of any lot
within the Subdivision shall complete construction of all building improvements within eighteen
(18) months of taking title to a lot. If the construction of all building improvements does not
begin within one(1)year of taking title to the lot,then the purchasers shall make the lot available
for sale to any willing buyer,including the Developer,in accordance with Paragraph 11.
17. PAYMENTS IN LIEU OF TAXES.
a. In the event that a building constructed pursuant to and in accordance with Paragraphs 7, 8
or 9, as the case may be, is assessed for tax purposes at a value of less than $350,000, the
Developer, or the lot owner of record, as the case may be,shall make an annual payment to the
City equal to the difference in property taxes that would have been derived from said building
with a taxable value of $350,000, and the taxable value at which said building is actually
assessed.
b. The payment in lieu of taxes shall be due and payable in accordance with the statutory
schedule for the payment of property tax.
c. With respect to any lot within the Subdivision that may be exempt from property taxes or
may from time-to-time become exempt from property taxes pursuant to section 427.1 of the
Code of Iowa(or any other provision of the laws of the State of Iowa),the Developer,or the lot
owner of record, as the case may be, shall make to the City an annual payment in lieu of taxes,
on the dates when property taxes are due, in such amount as shall then be equal to the amount
that would have been payable as property taxes if the property, with or without improvements,
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was not exempt as aforesaid. This obligation to make payments in lieu of taxes shall terminate
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once the debt issued b the City to a for the public improvements is aid off.
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18. AMENDMENTS. Any and all provisions of this Agreement may be amended, cancelled or
extended by the mutual agreement of the Parties in writing.
19. COVENANT WITH THE LAND. This Agreement, and all promises and covenants herein
expressed, shall be a covenant running with the Subdivision, and shall be binding on the
Developer, its successors and assigns, and upon the grantees of the Developer's rights in said
! Subdivision,including mortgagees, except the City if the City is a the mortgagee of a mortgage
encumbering a lot within the Subdivision.
20. SPECULATIVE BUILDING. Notwithstanding anything in this Agreement to the contrary, for
purposes of this Agreement, the term "Speculative Building" shall mean a building, whether
completed or under construction, that is open and available for sale or lease and actively
marketed for such purposes. Furthermore, the phrase "no longer speculative in nature" shall
mean that the First Speculative Building, Second Speculative Building, or any Subsequent
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Speculative Building,as the case may be,whether completed or under construction,is no longer
open and available for sale or lease or is not actively marketed for such purposes.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by
their authorized representatives as of the date first above written.
CITY OF AMES,IOWA DAYTON P L.L.0 11 j
By: �Ll By:
Ann H.Campbell,Ma r D�an E.Hunziker,M ger
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AttesW`�B• .
-Diane Voss,City Clerk
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RESTRICTIVE COVENANTS
Ames Community(Development Park Subdivision,4ch Addition
AMES, STORY COUNTY, IOWA
WHEREAS, Dayton Park, LLC an Iowa Limited Liability Company ("Dayton
Park"), is the sole lawful owner in fee simple of real estate (the"Subdivision")situated in
Story County, Iowa, described as follows:
Ames Community Development Park Subdivision, Fourth Addition
WHEREAS, Dayton Park for its protection and for the benefit of subsequent
owners of lots within the Subdivision, desires to restrict the use thereof in certain
particulars.
NOW, THEREFORE, Dayton Park hereby covenants, bargains, and agrees for
itself and its successors and assigns that all lots within the Subdivision and the use
thereof shall be subject to the following covenants, conditions,and restrictions:
1. No building or structure of any nature shall be commenced, erected, or
maintained upon the real estate, nor shall any exterior addition to or change or
alteration therein be made, until the plans and specifications showing the nature, kind,
shape, height, materials, and location of the same shall have been submitted to and
` approved by Dayton Park or it's representative as to compliance with these listed
covenants. All buildings and improvements shall be of new construction only. No pre-
existing buildings shall be permitted to be moved onto a lot, nor shall any trailer, mobile
home, or other similar structure be placed upon any lot, excepting those used on a
temporary basis by a contractor during construction.
2. The dimension of any wall of any structure or improvement which faces
South Bell Avenue, Hyatt Circle, or Wakefield Circle In the Subdivision shall not exceed
seventy percent(70%)of the total width of the lot so as to permit an open view between
the buildings and structures on adjacent lots.
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3. Not less than fifteen percent (15%) of the total area of a lot shall be used
for landscaping and lawn purposes or green space.
4. Buildings constructed in the Subdivision shall have all exterior surfaces
constructed with steel, brick, wood trim, split face block, stone, glass, exterior insulation
and finish systems (EIFS), or precast wall panels, or combinations thereof. Any
corrugated steel on the front facade shall comprise less than 60 percent of the area of
the facade.
5. No building shall be erected nearer than fifteen (15) feet to any side lot
line, or nearer than twenty(20)feet to any rear lot line.
6. Any improvement or structure built upon a lot shall be fully finished and
ready for use within twelve (12) months from the date of commencement of
construction.
7. Equipment, trash cans, garbage cans, and storage piles shall be kept
screened from view by adequate planting or fencing so as to conceal them from the
view of other owners of lots within the Subdivision. All rubbish, trash, or garbage shall
be regularly removed and shall not be permitted to accumulate.
8. All ground-mounted utility transformers situated upon any lot shall be i
appropriately screened from view by wood, brick, or shrubbery, but only in such manner
as is permitted and authorized by the City of Ames, Iowa.
9._ All .vehicles parking on the property` must be moved on and off the
property on a regular basis. No land may be used to"store vehicles.
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10. No lot within the Subdivision shall be subdivided without the prior written
approval of Dayton Park.
11. These restrictions and conditions shall be deemed to be covenants
running with the land and shall endure and be binding upon Dayton Park, its successors
In interest and assigns, for a.period of twenty-one (21) years from the date of the
recording of these Restrictive Covenants In the office of the Recorder of Story County,
Iowa. The benefit of these Restrictive Covenants may be extended by the owner of any j
lot within the Subdivision for an additional period of twenty-one years by filing a'Verified
Claim", as provided by the Code of Iowa, in the office of the Recorder of Story County,
Iowa.
12. In the event of the violation of any of these Restrictive Covenants, any
person or entity then owning a lot within the Subdivision is specifically authorized to
resort to an action at law or in equity for relief, either by injunction or for damages
against the person, persons, or entity so violating these Restrictive Covenants.
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13. Invalidation of any of these Restrictive Covenants by a judgment or order
or court having jurisdiction therefore shall in no way affect any of the other provisions
which shall remain in full force and effect.
14. All drive access points shall be approved by the City of Ames planning
and housing and public works departments. The City of Ames may limit or restrict
access points on some lots so as to line up driveways with corresponding driveways or
streets on the opposite side of the street frontage.
15. All buildings and site plans shall comply with the current zoning codes,
building codes and ordinances at the time each lot is being developed.
IN WITNE S WHER OF Dayton Park, LLC., has cause
d this instrument to be
executed this day of F , 2009.
DAYTON PA LLC
By
S�t 1A Z- i-
Deff Hunziker, Ma6bger
STATE OF IIOWA, COUNTY OF STORY, SS:
On , 2009, before me the undersigned, a Notary Public in and for
said state, persona y appeared Dean E. Hunziker, to me personally known, who, being
by me duly sworn, did say that the persons are the managers of said LIMITED
LIABILITY COMPANY executing the foregoing instrument; that NO SEAL has been
procured by the said limited liability company; that said instrument was signed on behalf
of 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.
4 DIANNE SUNTKEN Notary Public
F Co ra*W n Numbw 74700
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ATTACHMENT B: 2019 AMENDED RESTRICTIVE COVENANTS
' Inatrtmant U. 2019-11953
v 12/12/2 10NAN 411341 59 PM Total Paves 7
COV Stsole Nirrldoo, R000rMr, Story County Iowa
N
1[•fi, INSTRUMENT PIIEPARLD Brun D Torrest,2605 Northridge Pkwy.Ames,IA 50010(515)288-2500
BY AND RETURN TU•
AMENDED AND RESTATED RESTRICTIVE COVENANTS
AMES COMMUNITY DEVELOPMENT PARK SUBDIVISION,4TH ADDITION
AMES,STORY COUNTY,IOWA
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THIS AMENDED AND RESTATED RESTRICTIVE COVENANTS AMES
COMMUNITY DEVELOPMENT PARK SUBDIVISION,4th ADDITION,AMES,STORY
COUNTY,IOWA(this"Amendment')is made and entered into as of the Effective Date(as that
term is defined herein)by and between the Lot Owners(as that term is defined herein)and Dayton
Park, L.L.C. (the" ev I ")(the Lot Owners and the Developer are hereinafter collectively
referred to as the"Parties'). This Amendment shall be effective as of the date the last of the Parties
hereto executes same(the"Effective Date').
RECITALS
WHEREAS,prior to the platting of the Subdivision (as that term is defined herein)the
Developer entered into and executed that certain Development Agreement for Ames Community
Development Park Subdivision 4th Addition dated February 4,2009,and filed in the office of the
Recorder of Story County, Iowa,on February 18,2009,as Instrument No. 2009-00001635(the
"ARreernen and
WHEREAS, the Agreement was dratted with respect to, among other things, the
development of the Project(as that term is defined in the Agreement)and the creation of the TIF
District(as that term is defined in the Agreement)on and for the real property to be platted as Ames
Community Development Park Subdivision Fourth Addition, Ames, Story County, Iowa (the
"Subdivision');and l
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WHEREAS,Paragraph 15 of the Agreement provides that,"f ijn order to assure that the
buildings constructed on the lots within the Subdivision are of a superior quality",the Developer '
agreed to adopt the restrictive covenants attached as Exhibit B to the Agreement(collectively,the
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2019-11953 COV 12/12/2019 03:01:59 PM Page 2 of 7
"Covenants')and required the Developer to record the Covenants with the recording ofthc platting
documents for the Subdivision;and
WHEREAS, the platting documents for the Subdivision were filed in the office of the
Recorder of Story County,Iowa,on March 25.2009.as Instrument No.2009-00003134(collectively,
the,"Platting Documents"),and the Covenants were not recorded as part of the Platting Documents;
and
WHEREAS,the undersigned owner(s)of lots within the Subdivision(col lectively,the"Lot
Owners")and the Developer desire to execute and record this Amendment to comply with the
requirement in the Agreement related to the recording of the Covenants and to amend a provision
within the Covenants unrelated to the quality of the construction of any buildings on the lots within
the Subdivision.
NOW,THEREFORE, in consideration of the Recitals,and for other good and valuable
consideration,the Parties hereby agree as follows-
1. INCORPORATION OF RECITALS. The foregoing Recitals are incorporated herein and made a
part of this Amendment as if fully set forth verbatim. The Recitals and exhibits hereto,if any,are a
substantive,contractual part of this Amendment.
2. DECLARATION OF COVENANTS. For their protection and for the benefit of subsequent
owners of lots within the Subdivision, the Parties desire to restrict the use thereof in certain
particulars,and hereby covenant,bargain,and agree for themselves and for their successors and
assigns, that all lots within the Subdivision and the use thereof shall be subject to the following
covenants,conditions,and restrictions,
a. No building or structure of any nature shall be commenced,erected,or maintained
within or upon the Subdivision,nor shall any exterior addition to or change or alteration therein be
made, until the plans and specifications showing the nature, kind, shape, height, materials, and
location of the same shall have been submitted to and approved by the Developer, or it's
representative,as to compliance with restrictions and covenants noted herein. All buildings and
improvements shall be of new construction only. No preexisting buildings shall be permitted to be
moved onto a lot,nor shall any trailer,mobile home,or other similar structure be placed upon any
lot, excepting those used on a temporary basis by a contractor during construction and further
excepting mobile trailers used,post-construction and development,as an auxiliary use,("Auxilia `
Use iler"),when said trailers are used for it purpose other than storage;provided,however,that
any such Auxiliary Use Trailer shall not be parked in the same location for a period greater than six
(6)consecutive months.
b. The dimension of any wall of any structure or improvement which faces South Bell
Avenue,Hyatt Circle,or Wakefield Circle in the Subdivision shall not exceed seventy percent(70%)
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of the total width of the lot so as to permit an open view between the buildings and structures on
adjacent lots.
C. Not less than fifteen percent (15%) of the total area of a tot shall be used for
landscaping and lawn purposes or green space.
d. Buildings constructed in the Subdivision shall have all exterior surfaces constructed
with steel,brick,wood trim,split face block,stone,glass,exterior insulation and finish systems
(EIFS),or precast wall panels,or combinations thereof Any corrugated steel on the front facade
shall comprise less than sixty percent(60%)of the area of the facade.
e. No building shall be erected nearer than fifteen(15)feet to any side lot line,or nearer
than twenty(20)feet to any rear lot line.
f. Any improvement or structure built upon a lot shall be fbily finished and ready for use
within twelve(12)months from the date of commencement of construction.
g. Equipment,trash cans,garbage cans,and storage piles shall be kept screened from
view by adequate planting or fencing so as to conceal them from the view of other owners of lots
within the Subdivision All rubbish,trash,or garbage shall be regularly removed and shall not be
permitted to accumulate.
h. All ground-mounted utility transformers situated upon any lot shalt be appropriately
screened from view by wood, brick, or shrubbery, but only to such manner as is permitted and
authorized by the City of Ames,Iowa(the"City").
i. All vehicles parking on the property must be moved on and off the property on a
regular basis. Noland maybe used to"store"vehicles,except with respect to Auxiliary Use Trailers
as noted above.
j No lot within the Subdivision shall be subdivided without the prior written approval
of the Developer.
k. In the event of the violation of any of the covenants and restrictions noted heroin,any
person or entity then owning a lot within the Subdivision is specifically authorised to resort to an
action at law or in equity for relief,either by injunction or for damages against the person,persons,
or entity so violating said covenants and restrictions.
I. Invalidation of any of these covenants and restrictions by ajudgmcnt or order or court
having jurisdiction therefore shall in no way affect any of the other provisions which shall remain in
full force and effect.
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201 9-1 1 953 COV 12M 2/2019 03:01:59 PM Page 4 of 7
M. All drive access points shall be approved by the City, and the City may limit or
restrict access points on some lots so as to line up driveways with corresponding driveways or streets
on the opposite side of the street frontage
n. All buildings and site plans shall comply with the current zoning codes, building
codes and ordinances at the time each lot is being developed.
3. TERN OF COVENANTS. The Parties hereby understand,acknowledge,and agree that,by the
execution of this Amendment,lots within the Subdivision shall be subject to the terms,conditions,
and restrictions hereof, and the covenants and restrictions noted herein shall be deemed to be
covenants running with the Subdivision and shall endure and be binding upon the Lot Owners,(bra
period of twenty-one(21)years from the date of the recording of this Amendment in the office of the
Recorder of Story County,Iowa,unless claims to continue any interest herein are filed as provided
by law.
IN WITNESS WHEREOF,the Parties have executed this Amendment as of the dates set
forth below.
DAYTON PARK,I.,L.C.,the Developer
(owner of.- (i) Lots I, 2, 5, 6, and 12 within the Subdivision, (ii) Lot 2, Ames Community
Development Park Subdivision,Fifth Addition,Ames,Story County,Iowa,and(iii)Parcel"C"a
part of Lot 1 I within the Subdivision as shown on the Plat of Survey recorded as Instrument No
2018-03258)
By. R
an E.Hunziker,lWanager
STATE OF IOWA,COUNTY OF STORY,ss-
This instrument was acknowledged before me on this,77 day of November,2019,by Dean
E.Hunziker,as a Manager of Dayton Park,L.L.C.
MAIN F.MIY 11 NO 0LAC1I
oarmrron INa+bsr 74M77 Notary Public in and for the§tateof Iowa
My commission expires S 2 e o
(SIGNATURE PAGES FOLLOW)
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201 9-1 1 953 COV 1 2/1 2/2019 03:01:59 PM Page 5 of 7
SIGNATURE PAGE OF
AMENDED AND RESTATED RESTRICTIVE COVENANTS
AMES COMMUNITY DEVELOPMENT PARK SUBDIVISION,4TH ADDITION
AMES,STORY COUNTY,IOWA
SWPP AMES,LLC,Lot Owner
(owner of Lot 3 within the Subdivision)
By: '40�
Ster-A."&* .Manager
STATE OF IOWA,COUNTY OF STORY,as:
This trument was acknowledged before me on this 214day of, 2019,by
WQ 1 as a Manager of SWPP Ames,LLC.
UCA C67.
i]f,m
°`cony t• cfiiy Public M an for th tate of Iowa
My commission expires
D AND E OUTSIDE SERVICES,U.C.Lot Owner
(owner of Lot 4 within the Subdivision)
By. �t
Manager
STATE OF IOWA,COUNTY OF STORY,ss:
N-Al=ant was acknowledged before me on this Lft day of`lA"eoil ' 2019, by
as a Manager of D and E Outside Services,LLC.
usA RL CAMP No Public in and State of Iowa
Qo�ewnMfon @aMMt�r tY66�t
My commission exp �a
(ADDITIONAL SIGNATURE PAGE FOLLOWS)
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201 9-1 1 953 COV 1 211 2/201 9 03:01:59 PM Page 6 of 7
SIGNATURE.PAGE OF
AMENDED AND RESTATED RESTRICTIVE COVENANTS
AMES COMMUNITY DEVELOPMENT PARK SUBDIVISION,4TH ADDITION
AMES,STORY COUNTY,IOWA
BADGER INVESTMENTS L.C.,Lot Owner
(owner of Lots 7 and 14 within the Subdivision)
By:
r1tC�IfBe!2�-
L Ma
STATE OF IOWA,COUNTY OF STORY,ss:
This i trument was acknowledged before me on this 7� of November, 2019, by
ffliz�! as a Manager of Badger Investments,L.C.
mumber t Notary fgAicthk State of Iowa
s MyoO °f1°' My commission expires AIA
STORY CONSTRUCTION CO.,Lot Owner
(owner of Lot 1,Ames Community Development Park Subdivision,Fifth Addition,Ames,Story
County,Iowa)
By:
Mr&Vbol—_,President
STATE OF IOWA,COUNTY OF STORY,ss:
This instrument was acknowledged before me on this
day of 1Jeveetber, 2019, by
as the President of Story Construction Co.
� t Notary IWb c ' t for a State of Iowa
My My comm�asio expires
(ADDITIONAL.SIGNATURE PAGE FOLLOWS)
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2019-11953 COV 12/12/2019 03:01:59 PM Page 7 of 7
SIGNATURE PAGE OF
AMENDED AND RESTATED RESTRICTIVE COVENANTS
AMES COMMUNITY DEVELOPMENT PARK SUBDIVISION,4Tti ADDITION
AMES,STORY COUNTY,IOWA
FOREVERGREEN PROPERTIES,LLC,Lot Owner
(owner of Lot 9 within the Subdivision)
By:
anager
STATE OF IOWA,COUNTY OF STORY,ss:
T is instrument was acknowledged before me on this y of-Alaw=ber, 2019, by
tom _,as a Manager of Forevergreen Properties,LLC.
BURR KAPAUN Nota lic I for t1 tate f Iowa
QoneiYalon Itinnbs•7tt3e41
IMy urea My commissio xpires ,.3 /1
PRESTAGE FARMS OF IOWA,LLC,Lot Owner
(owner of Parcel"B"a part of lots 10 and t I within the Subdivision as shown on the Plat of Survey
recorded as Instrument No.2018-03258)Lot 10 within the Subdivision)
u Manager
STATE OF IOWA,COUNTY OF STORY,ss:
V-
This instrument was acknowledged before me on this day of November, 2019, by
Rwn ( Qy,L ,as a Manager of Prestagc Farms o owa,LLC.
Ou
CNAKUE�7 Notary Public in and for the State of Iowa
14WBY�mn�aton E>qs My commission expires Ze
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