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HomeMy WebLinkAboutA009 - Agreement for Sidewalks dated February 14, 2017 c i Instrument 0: 2017-07163 07/18/2017 03:25:30 PM Total Pages: 4 00 OTHER oID, Recording Fee: 22.00 Stacy mill 'J ei�.�' llfrl��m Story, Recorder, County ill m, IN N 1W1110111111 o 0a eCA 9.9 _W TC w w INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge P ..,Ames,TA 50010(515)288-2500 RETURN To: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 AGREEMENT FOR SIDEWALKS The parties to this Agreement for Sidewalks (this "Agreement") are LDY, LLC (the "Owner") and the City of Ames, Iowa(the "Citf"). 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 LDY SUBDIVISION FIRST ADDITION,AMES, STORY COUNTY, IOWA (the"Subdivision"); and WHEREAS,the Owner is required to construct sidewalks 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. Owner 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 that an occupancy permit under City ordinances shall be withheld with respect to any lot for which the sidewalks have not been installed. Further, if the sidewalk is not i 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 structure 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 pnless said sidewalk has been installed. 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 fty of l 2017. (SIGNATURE PAGE FOLLOWS) 2 ( t SIGNATURE PAGE OF AGREEMENT FOR SIDEWALK AND STREET TREES LDY,LLC By: Ou 6 ('Lw� By: Charles E. Winkleblack, Manager 4V.Vanson, Manager By: Kevin W. Kinzle nager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this/ day of� 2017,by Charles E. Winkleblack, as a Manager of LDY, LLC. JENNIFER KAPAUN Commission Number 783061 Nota i an for the State of Iowa IssM l m lion Expires My com lssion expires STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me!Not s�d�ay of ,2017,by Mark J. Hanson, as a Manager of LDY, LLC. JENNIFER KAPAUN an for the State of Iowa : Commission Number 783061 ow M mmission Expires My Comm ion expires STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on thi/s/ 'cTay of 2017,by Kevin W. Kinzler, as a Manager of LDY, LLC. JENNIFER KAPAUN Not c in a for the State of Iowa Commission Number 783061 My co fission expires / Mmmission Expires ow � 3 _ .._ -CITY OF AMES,IOWA- , t� y i 1 1i }t =John hoer rD�rectoz o£P bfi:&Works t fi5 $ C y r a x t l 4