HomeMy WebLinkAboutA019 - First Amendment to Agreement for Sidewalk and Street Trees �/, Instruvent:2012- 00001651
_A Date:Feb 1772012 11:22:21A
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Filed for record in Story County, Iowa
Susan L. Vande Kampr County Recorder
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NWVAm4ocwnentft: David W.Benson,Attorney at law,1416 Buckeye Ave.Ste.200,Ames,IA 50010
v� Document prepared by: David W.Benson,Attorney at law, Buckeye Ave.Ste.200,Ames,1A 50010—515-956-3913
RETURN TO: AMES CITY CLERK — BO% 811 AMES IOWA 50010 )
FIRST AMENDMENT TO AGREEMENT FOR SIDE WALK AND STREET TREES
THIS IS AN AMENDMENT by and between City and Owner as follows:
1. DEFINITIONS. As used in this Amendment,unless otherwise required by the
context:
a. "City„means the City of Ames, Iowa
b. "Owner"means Uthe Development Company,L.L.C.
C. "Agreement" means the Agreement for Sidewalk and Street Trees dated
July 22,2011,filed August 1,2011,and recorded as Instrument No. 11-07222.
d. "Subdivision" means Northridge Heights Subdivision Fourteenth
Addition,Ames, Story County,Iowa.
2. AGREEMENT AMENDED. For good and valuable consideration in hand paid and
acknowledged, City and Owner agree that the original terms of the Agreement should be and are
hereby amended by striking paragraph 1, subparagraph b, and inserting in lieu thereof the
following:
(b) The Owner shall construct all of the sidewalks along the west
boundary of Lot l (along Farnham Drive) and on the south boundary of Lot l
(along Bloomington Road) before any building or zoning permit will be issued
by the City with respect to the Subdivision or, in the alternative, the Owner may
obtain said building and zoning permits and proceed with construction pursuant
to said building and zoning, permits and if otherwise qualifying may obtain
occupancy permits upon delivery to City of a surety. A surety delivered to the
2
City under this paragraph shall be in the amount of$18,732.00 and shall be in the
form of a cash deposit or a letter of credit. If the surety is in the form of a letter of
credit, it shall be an irrevocable letter of credit payable at sight and in a;form
satisfactory to City. If the surety is in the form of a cash deposit, income thereon
shall inure to the benefit of the City. In the event Owner fails to construct the
sidewalks before the March 1, 2013, unless extended by the City by a separate
written amendment hereto, the City may draw on the surety and complete public
improvements not then completed. Upon satisfactory completion of the
sidewalks, unused balance of the surety shall be released and returned to the
Owner.
3. AGREEMENT REAFFIRMED. Except as modified by this Amendment, 'the
Agreement is hereby reaffirmed.
IN WITNESS OF THIS AMENDMENT, City and Owner have caused,it to be executed
to be effective on the date last executed as follows:
UTHED LOPMENT COMPANY,,L.L.C.
By: 44
Charl Winklebla c,Man er
By:
an E.Hunziker,Mana
STATE OF IOWA,STORY COUNTY,SS:
This instrument was acknowledged before me on Qr / �' 2012, b Charles E.
gY
Winkleblack and Dean E.Hun iiker as ZManars of Uthe Development Co any,L.L.C.
a DIANNE SUNTKEN
Commission Number 747650
Notary Public in and for the State of Iowa �,�,,,,,, is� fires
-CITY OF AMES,IOWA-
r g
Jbhri Joiner
btrector of Oublic Works
S fA OE IAWA,STORY COUNTY,SS:
This instrument was acknowledged before me on G6go! ,2012,by John Joiner as
Director of Public Works for the City of Ames,Iowa.
JILL L RIPPLROILR
conrnfrdon Hunter 146549
Notary Public in and for A State of Iowa MY�'
�1�
APPROV S TO
DO` ' AS R.
CITY ATTORNEY
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