HomeMy WebLinkAboutA009 - Sidewalk Installation Agreement dated November 29, 2016 O
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° Instrument:2016- 00011966
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15-00 E-Com Fee: 1.00
Hud Fee: .00 Trans Tax: AO
Rec Management Fee: 1000
Gaon-Standard Page Fee: ,lift
2 . Filed for record in Story Countyv Iowa
Nw Stacie La Herridsee County Recorder
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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
SIDEWALK INSTALLATION AGREEMENT
THIS SIDEWALK INSTALLATION AGREEMENT (this "Agreement") is made and
entered into by and between Friedrich Land Development Company, L.L.C. ("Friedrich') and the
City of Ames, Iowa (the "C "), and is affirmed, acknowledged, and approved by Village
Cooperative of Ames (the "Coop") (Friedrich, the City, and the-Coop are hereinafter collectively
referred to as the "Parties" or individually as a"Ear '):
RECITALS
WHEREAS,the Coop is the record titleholder of the real property located in Story County,
Iowa,legally described as Lot Twelve(12),Ringgenberg Park Subdivision Fourth Addition,Ames,
Story County, Iowa(the"Coop Lot"); and
WHEREAS,Friedrich is the record titleholder of the real property located in Story County,
Iowa, legally described as Outlot A,Ringgenberg Park Subdivision Fourth Addition,Ames, Story
County,which is to be developed and subdivided into Lots One(1)through Thirteen(I3),and Outlot
A,Ringgenberg Park Subdivision Fifth Addition,Ames, Story County,Iowa(the"Pro e "); and
WHEREAS; as a condition of proceeding with the development of the Property, and in
accordance with City of Ames Resolution No. 16-644 (the"Resolution"),the City is requiring the
installation of a private sidewalk connection(the"Sidewalk Improvement")from the Property and
through the Coop Lot to the public street currently locally known as Cedar Lane; and
WHEREAS, the Resolution requires that the Coop authorize Friedrich to install the
Sidewalk Improvement on the Coop Lot,and further,that Friedrich provide security to the City with
respect to the estimated cost of the Sidewalk Improvement; and
WHEREAS,Friedrich desires to construct and install the Sidewalk Improvement,at the sole
and absolute cost of Friedrich,and to provide security to the City with respect to the estimated cost
of the Sidewalk Improvement; and
WHEREAS, the Coop desires to authorize Friedrich to construct and install the Sidewalk
Improvement on the Coop Lot.
NOW, THEREFORE, in consideration of the Recitals and of the mutual covenants
contained herein, and reliance on the same, the receipt and sufficiency of which.is hereby
acknowledged,the Parties do hereby agree as follows:
1. INCORPORATION BY REFERENCE. The Recitals described above are incorporated
herein by this reference and made a part of this Agreement as if more fully set forth verbatim.
2. INSTALLATION OF SIDEWALK IMPROVEMENT SECURITY. Friedrich shall construct and
install the Sidewalk Improvement on the Coop Lot, at the sole and absolute cost of Friedrich, and
shall secure the completion of the Sidewalk Improv ent by providing the City with a surety bond,
letter of credit,or certified check in the amount of 3 70 DOLLARS and 00/100
($ I,3i (� .00) (the "Securi "). The City shall release the Security upon the completion of the
Sidewalk Improvement by Friedrich.
3. AumoRIZATjom The Coop hereby authorizes Friedrich to construct and install the
Sidewalk Improvement on the Coop Lot,and grants to Friedrich any and all rights of access and other
rights that may be necessary for the completion of the Sidewalk Improvement on the Coop Lot.
4. SUCCESSORS AND ASSIGNS. The terms of this Agreement are binding upon and inure
to the benefit of the Parties hereto and each of their respective heirs,representatives,administrators,
executors, successors and assigns,and shall run with the Property and the Coop Lot and be binding
on the successors in interest thereof.
FRIEDRICH LAND DEVELOPMENT COMPANY,L.L.C.
By:
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kurt W. Friedrich, anager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this- /I day of November, 2016,by Kurt W.
Friedrich, as the Manager of Friedrich Land Development Company, L.L.C.
Notary Publi n and for the State o Iowa
My commission expires
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S� N :N BAERENWALD COMMISSION N0. 766680MY COM SSION EXPIRES
(ADDITIONAL SIGNATURE PAGE FOLLOWS)
ADDITIONAL SIGNATURE PAGE OF
SIDEWALK INSTALLATION AGREEMENT
VILLAGE COOPERATIVE OF AMES
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President
NAME
STATE OF IOWA, STORY COUNTY, SS:
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This record was acknowledged before me on this day o 016, by
QK' [CF-�/1/1 j�J� , as the President of Villag elOWU
MY ,lutc«r yW 1133'Ion�ot N
Notary Public in and for the State of Iowa
My commission expires �u G Z���
CITY OF AMES,IOWA `
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Direc�toxf Public Works
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