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HomeMy WebLinkAboutA007 - Agreement for Sidewalk and Street Trees dated January 14, 2016 00 U o Instrument:2016- 00000827 t1 Date:Feb OIY2016 09:19:20A o a D Rec Fee: 10.00 E-Com Fee: 1.U0 d 6 Aud Fee: .00 Trans Tax: 00 Rec nanasement Fee: N 1.00 Non-Standard Page Fee: .00 N Filed for record in Story Counts, Iowa az Stacie L. Herridse► County Recorder �W W N y N W INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ste. 101,Ames,IA 50010 515)288-2500 RETURN To: I Brian D.Torresi,2605 Northridge Pkwy.,Ste. 101,Ames,IA 50010 AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement for Sidewalk and Street Trees(this"Agreement')are Haynes Kenton,L.C.(the"Owner")and the City of Ames,Iowa(the"City"). Owner and City enter into this Agreement pursuant to Section 23.304 of the Ames Municipal Code (the"Code"). WHEREAS,the Owner is in the process of platting a subdivision of real estate pursuant to Chapter 23 of the Code to be known as HAYNES KENTON SUBDIVISION,AMES, STORY COUNTY,IOWA(the"Subdivision"), and WHEREAS,the Owner is required to construct sidewalks and plant street trees(collectively, the"Improvements")as required by Sections 23.402 and 23.403 of the Code,by not later than thirty- six(36)months from the date of the approval of the final plat of the Subdivision,and,among other things, to pay reasonable engineering and inspection fees therefor, all as part of the part of the platting procedure of the City; NOW, THEREFORE, in consideration of the premises, it is hereby understood and agreed that the Owner shall deposit with the City a surety bond, letter of credit, or certified check in the amount of eight thousand five hundred dollars and 00/100($8,500.00)(the"Security')conditioned upon the completion of the Improvements by the aforementioned date,as required by the City for the Subdivision,in accordance with plans and specifications on file with the City's engineers,said plans A 1 and specifications are incorporated herein by this reference and made a part of this Agreement. IT IS FURTHER AGREED that the City reserves the right to construct the Improvements and utilities in the event the Owner fails to do so as herein agreed,and to cover the costs thereof with. the Security. IT IS FURTHER AGREED that upon satisfactory completion of the Improvements and utilities,including the paying of reasonable engineering and inspection fees therefor,the Security shall be released and/or returned to the Owner, as the case may be. Dated this 9 day of January, 2016. HAYNES KENTON,L.C. By: Nanc ayne arks,Manager STATE OF IOWA, STORY COUNTY, SS: r This record was acknowledged before me on this[ day of January, 2016, by Nancy Haynes Banks, as the Manager of Haynes Kenton, L.C. ' / Notary Publi nd for SSatC�11�w/ My comm'ss on expires ,�� CITY OF ANTES,IOWA MARY J.ALEXANDER Notary Public-Arizona Pima County My Comm. Expires Sep 8, 2019 By: John Joiner Director`of public Works 1 f ��;�, tJ`