HomeMy WebLinkAboutA004 - Agreement for Sidewalks dated February 20, 2009 U o
Instrunent:2009- 00003136
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Filed for record in Story County, iowa
Susan L. Vande Kanat County Recorder
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INSTRUMENT PREPARED BY: Brian D.Torresi, 1416 Buckeye Ave.,Ste. 200,Ames,IA 50010(Tel: 956-3900)
RETURN TO: Brian D.Torresi, 1416 Buckeye Ave.,Ste. 200,Ames,IA 50010(Tel: 956-3900)
AGREEMENT FOR SIDEWALKS
The parties to this Agreement are DAYTON PARK, L.L.C. (hereinafter referred to as the
"Owner") and the CITY OF AMES,IOWA (hereinafter referred to as the"City").
WHEREAS, the Owner is in the process of platting a subdivision of real estate pursuant to
Chapter 23 of the Municipal Code of the City of Ames, Iowa,to be known as AMES COMMUNITY
DEVELOPMENT PARK FOURTH ADDITION, AMES, STORY COUNTY, IOWA (the
"Subdivision"); and
WHEREAS,the Owner is required to construct sidewalks 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 Owner or any subsequent owners of the lots abutting the East side of S.Bell Avenue
and the South sides of Wakefield Circle and Hyatt Circle, shall construct sidewalks 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 building or zoning permit will be issued
by the City with respect to affected lots; or, in the alternative, the Owner 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 sidewalks are completed as aforesaid. If the sidewalks are not
completed as aforesaid within twenty-four (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(21)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 a 0 day of February, 2009.
-OWNER-
DAYTON PARK, L.L.C.
By:
DW E. Hunziker, M41ager
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on this dD day of February,2009,by Dean E.
Hunziker as a Manager of Dayton Park, L.L.C.
W TOFIRESI
COiON NO.742380
•,� WOWS IV EXPIRES Notary Public in and for the State of Iowa
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-CITY OF AMES,IOWA-
John Joiner
Director of Public Works
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