HomeMy WebLinkAboutA010 - Agreement for Sidewalk and Street Trees, dated June 12, 2019, Instrument No. 2019-07691 1 `
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Instrument U: 2019-07691
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°2 Recording Fee: $ 22.00
Stacie Herridge, Recorder, Story County Iowa
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INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 515)288-2500
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RETURN To: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement for Sidewalk and Street Trees (this "Agreement") are FHS
Ames 1, L.P. ("FHS-1"), FHS Ames 2, L.P. ("FHS-2") (FHS-1 and FHS-2 are hereinafter
collectively referred to as the "Owners"), and the City of Ames, Iowa(the "City").
WHEREAS,the Owners are 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 FOURTH
ADDITION TO SOUTHWOOD SUBDIVISION, AMES, STORY COUNTY, IOWA (the
"Subdivision"); and
WHEREAS,the Owners are required to construct sidewalks and plant street trees as part of
the platting procedure of the City;
NOW, THEREFORE, in consideration of the premises, it is hereby understood and agreed
that:
l. 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's engineers and by this reference made
a part of this Agreement,and plant the trees as required by Section 23.402 of the Municipal Code of
the City of Ames, Iowa. Owners 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 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 Owners
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 are required prior to issuance of an occupancy permit.
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. Notwithstanding the foregoing, from and after the conveyance by the Owners named herein
of the real property affected hereby, the Owners named herein shall be fully, finally and
irrevocably released from any and all obligations, liabilities and responsibilities of the "Owners"
hereunder, whether arising or accruing prior to or after such conveyance (which release shall
occur automatically upon such conveyance with no further act required by any person), and the
transferees of such real property shall be deemed to have assumed all such obligations, liabilities
and responsibilities of the "Owners" hereunder and shall become the "Owners" hereunder for all
purposes.
Dated this day of June, 2019.
(SIGNATURE PAGES FOLLOW)
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SIGNATURE PAGE OF
AGREEMENT FOR SIDEWALK AND STREET TREES
FHS AMES 1, L.P.
By: FHS INVESTMENTS, LLC, General Partner
By:
ar F. imens, Manager
STATE OF!'al '' �� , COUNTY OF&4,"'f °;SS:
This record was acknowledged before me on this/.2 day of June,2019,by Mark F.Simens,
a Manager of FHS Investments, LLC,the General Partner of FHS Ames 1, L.P.
PATRICIA ANN�AAT
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FHS AMES 2,L.P.
By: FHS INVESTMENTS, LLC, General Partner
By:
ark . Simens, Manager
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STATE OF6`1"Ar , COUNTY OF� , SS:
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This record was acknowledged before me on this��day of June,2019,by Mark F.Simens,
a Manager of FHS Investments, LLC,the General Partner of FHS Ames 2, L.P.
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ADDITIONAL SIGNATURE PAGE OF
AGREEMENT FOR SIDEWALK AND STREET TREES
CITY OF AMES, IOWA
By: L .-----
John Joiner
Director of Public Works
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