HomeMy WebLinkAboutA012 - Agreement for Sidewalk dated May 18, 2018 Instrument t�: 2018-05748
06/28/2018 11:12:55 AM Total Pages: 4
00 OTHER
Recording Fee: 22.00
Stacie Herridge, Recorder, Story County Iowa
Return to:
Clapsaddle-Garber Associates
16 East Main St.
Box 754
Marshalltown, IA 50158
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: Kevin Martin,5 10 1 Menard Drive,Eau Claire,WI 54703;(715)876-2374
AGREEMENT FOR SIDEWALK
The parties to this Agreement are MENARD, INC., a Wisconsin corporation, their
successors and assigns, hereinafter referred to as "Owners", and the CITY OF AMES, IOWA,
hereinafter referred to as "City".
WHEREAS, the Owners are in the process of platting a subdivision of real estate per
Chapter 23 of the Municipal Code of Ames, Iowa, to be known as Menards Subdivision, an Official
Plat,Ames, Story County, Iowa; and
WHEREAS, the Owners are required to construct sidewalks in the right-of-way adjacent to
the northern property line of Lots 1, 2, 3, Outlot A, and Lot A, as part of the platting procedure of the
City.
WHEREAS, this agreement supplements a prior sidewalk installation agreement dated May
10, 2010 and filed May 18, 2010 as Instrument Number 2010-00004489.
NOW, THEREFORE, in consideration of the premises, it is hereby understood and agreed
that:
1. The Owners shall construct a sidewalk as required by the City for said subdivision, in
accordance with plans and specifications on file with the City of Ames with an opinion of probable
cost on Exhibit A. Owners may obtain building and zoning permits for lots within said final
subdivision plat within 36 months following said subdivision plat approval, with the understanding
that an "occupancy permit" under City ordinances shall be withheld with respect to any structure for
which said sidewalk has not been completed until the sidewalk is completed. Further, if the sidewalk
is not completed as aforesaid for the segment of the street abutting the structure within 36 months of
the approval of said final subdivision plat, the owner of said lot 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 (with the exception of for a sidewalk if needed) after 36 months following final
subdivision plat approval for a lot unless 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 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.
[signatures on following page]
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DATED this day of MCI ,2018.
MENARD,INC CITY OF AME IOWA
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By: Theron J. Berg B(
Its: Real Estate Manager Its:
STATE OF WISCONSIN )
ss.
EAU CLAIRE COUNTY )
This instrument was acknowledged before me on , 2018, by
Theron J. Berg as R,g1irghlA to Manager of Menard, Inc., on behalf of the company.
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Y �•�► 'x = Notary Public In and for said State and County
N' pUBUG '_= My Notary is permanent.
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STATE OF UJ/-\ )
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COUNTY )
This instrument was acknowledged before me on � > , 2018, by
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� on behalf of �
No ary Public in and for said State and County
My Notary expires / 0--T,2
Diane R. Voss
g Commission Number 134019
I n Ex Tres ,
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Exhibit A
4/27/2018 OPINION OF PROBABLE COST
Ames Menards
Public Infrasturcture
Ames,Iowa
ITEM NO, DESCRIPTION QUANTITY _IEUNITCOST EXTENSION
Division 7-Streets and Related Work
7.01 SIDEWALK,PCC,4' 1,805 SY $40.00 $72,200
TOTAL $72.200