HomeMy WebLinkAboutA011 - Agreement for Sidewalk and Street Trees �O
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Instrument:2016- 0000621¢
O g'i M Date:Jul 05t2016 02::,5::'6P
H� D Ref Fee: 15.00 E-Com Fee: 1.iq
C ; Aud Fee: fill Trans Tax: .0
U Rec Management Fee: 1.011
1b,811 Non-Standard Page Fee: .00
d Filed for record in Story County, Iowa
It °z Stacie L. Herridgef County Recorder
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Prepared by and return to: Alex P.Galyon P.O.Box 1723,Ames, Iowa 50010 515-233-8850
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to the Agreement for Sidewalk and Street Trees (the "Agreement")
are GW LAND HOLDINGS, LLC (hereinafter referred to as "GW Land Holdings") and
the CITY OF AMES, IOWA(hereinafter referred to as the "City").
WHEREAS, GW Land Holdings 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 CRANE FARM SUBDIVISION, FIRST ADDITION,AMES, STORY
COUNTY,IOWA (hereinafter referred to as the "Subdivision"); and
WHEREAS, GW Land Holdings will be required to construct sidewalks and plant
street trees in the right-of-way of all streets in the Subdivision as part of the platting
procedure of the City.
NOW, THEREFORE, in consideration of the premises, it is hereby agreed that
GW Land Holdings construct all sidewalks as required by the City in the Subdivision
described herein, in accordance with the plans and specification on file with the City's
engineers and by this reference made a part of this Agreement, and plant trees as required
by Section 23.402 of the Municipal Code of the City of Ames, Iowa. GW Land Holdings
may obtain building and zoning permits for lots within the Subdivision within thirty-six
(36) months following the approval of the final plat of the Subdivision with the
understanding than an occupancy permit under City ordinances shall be withheld with
respect to any lot for which the sidewalks have not been installed and the street trees have
not been planted. Further, if the sidewalk is not completed as aforesaid for the segment of
the street abutting the lot within thirty-six (36)months of the approval of the final plat of
the Subdivision, the Owner shall install the sidewalk as per City regulations regardless of
whether a residence has been constructed on said lot. No building permit shall be issued
after thirty-six (36) months following approval of the final plat of the Subdivision for a
lot unless said sidewalk has been installed. Required street trees for the segment of the
street abutting the lot shall be planted prior to the issuance of an occupancy permit.
NOW, THEREFORE, in consideration of the premises, it is hereby agreed that
GW Land Holdings shall deposit with the City a surety bond, letters of credit or certified
checks totaling $80,275.00 conditioned upon the completion of the construction of
sidewalks and planting of street trees in the right-of-way of all streets in the Subdivision
as part of the platting procedure of the City as required by the City for said subdivision
on or before June 24, 2016.
IT IS FURTHER AGREED that the City reserves the right to construct said
sidewalks and/or plant said street trees in the event GW Land Holdings fails to do so
herein, and to cover the costs thereof with the surety bond, letters of credit or certified
checks.
IT IS FURTHER AGREED that upon satisfactory completion by GW Land
Holdings of the obligation for the said sidewalks and street trees, including the paying of
reasonable engineering and inspection fees therefor, the surety bond, letters of credit or
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certified checks shall be released.
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 files as provided by law.
Dated this z 'l day of ��� , 2016.
GW Land Holdings, LLC
By: Alex P. Galyon,iManager
STATE OF IOWA, COUNTY OF ss:
This record was acknowledged before me on this tu'r' day of June, 2016, by
Alex P. Galyon as Manager of GW Land Holdings, LLC.
SAMUEL ASA ESCH
r Commission Number 795729 lam`
oWP My commission Expires Notary Public in and for said State.
April 19, 2017
City of Ames, Iowa
y: John Joiner, rector of Public Works
STATE OF IOWA, COUNTY OF , ss:
This record was acknowledged before me on this day of
2016,by John Joiner as Director of Public Works for the City of Ames, Iowa.
APPROVED TO FORM Notary Public in and for said State.
Erin Cain
K. PARKS ��e�u f �ptnmission Num er 785816
Ji_; ATTORNEY 1 3 * �, My Co a� Lp�es
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