HomeMy WebLinkAboutA009 - Agreement for Sidewalk, Bike Path, and Street Trees Instrurent:2014- 00001690
o A lS Date:liar 07r2014 03:31:01F
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h N Filed for record in Story County, Iowa
Susan L. Vande Kaeor County Recorder
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iz INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ste. 101,Ames,IA 50010(515)288-2500
RETURN To: Brian D.Torresi,2605 Northridge Pkwy.,Ste. 101,Ames,IA 50010
AGREEMENT FOR SIDEWALK, BIKE PATH,AND STREET TREES
The parties to this Agreement are Friedrich Land Development Company, L.L.C. (the
"Owner") and the City of Ames, Iowa(the"Cit ').
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 RINGGENBERG
PARK SUBDIVISION FOURTH ADDITION, AMES, STORY COUNTY, IOWA (the
"Subdivision"); and
WHEREAS, the Owner is required to construct sidewalks and a bike path and plant street
trees 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 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,and plant the trees as required by Section 23.402 of the Municipal Code of
the City of Ames,Iowa,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 and street trees planted as aforesaid.
If the sidewalks are not completed or trees are not planted as aforesaid within twenty-four (24)
months of the issuance of the permits, the said permits shall be revoked, null and void.
2. The Owner shall construct, at the sole expense of the Owner, a bike path along
Oakwood Road in accordance with the specifications of the City, as said specifications are further
described in that certain Agreement Pertaining to the Subdivision Platting and Development of Land
in the City of Ames Called Ringgenberg Park Subdivision(the"Agreement"),dated December 20,
2005, and filed in the office of the Recorder of Story County, Iowa, on December 5, 2006, as
Instrument No. 06-14664, as said Agreement was supplemented by that certain Supplemental
Agreement Pertaining to the Ringgenberg Park Subdivision(the"Supplement"),dated October 23,
2012, and filed in the office of the Recorder of Story County, Iowa, on November 7, 2012, as
Instrument No. 12-13399. No occupancy permit may be approved with respect to a dwelling unit on
Lots One (1) or Two (2) of the Subdivision until the City determines that the aforementioned bike
path has been completed. In the event the bike path is not completed within twenty-four(24)months
of the date of the approval of the Final Plat of the Subdivision,the City may complete the bike path
under the improvement guarantee as provided in the Agreement, as supplemented by the
Supplement.
3. 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.
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Dated this'�5 day of February, 2014.
FRIEDRICH LAND DEVELOPMENT COMPANY, L.L.C.
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By: 2� ;'4a
Kurt W. Friedrich, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this i5 day of February, 2014, by Kurt W.
Friedrich, as the Manager of Friedrich and Develop nt Company, L.L.C.
CASSIE JO WRIGHT
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Commission Number 778276
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Notary Public in and for State of Iowa
-CITY OF AMES,IOWA-
By:
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John Joiner
Director of Public Works
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