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HomeMy WebLinkAboutA002 - Agreement for Sidewalk and Street Trees ;/1 X Instrument:2015- 00004009 M Date:May 12,2015 02:52:34P D Rer Fee: 10.00 E-Goa Fee: 1.00 Aud Fee: .00 Trans Tax: .00 �-J Re,_ Management Fee: 1.00 Non-Standard Page Fee: .DO E Filed for record in Story County► Iowa v o Stacie L. Nerridser County Recorder a � z �W v >, .- N N w 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,1A 50010 AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement are Hunziker 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 SUNSET RIDGE SUBDIVISION SIXTH ADDITION,AMES, STORY COUNTY, IOWA (the"Subdivision'); and WHEREAS,the Owner is required to construct sidewalks 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. 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_t_�L day of March, 2015. HUNZIKER LAND DEVELOPMENT COMPANY,L.L.C. By: Dea E. Hunziker, Manager By: —( ��L��� Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, SS: fy This record was acknowledged before me on this 4&y of March, 2015, by Dean E. Hunziker and Charles E. Winkleblack,as the Managers of Hunziker Land Development Company, L.L.C. Jr;NNIFER KAPAUN Commission Number 783061 My fission Expires Nota ubl' n and or the State of Iowa -CITY OF AMES,IOWA- Y: .Y� John Joiner Director o€Public'Works 2