HomeMy WebLinkAboutA014 - Release of East Hickory Park Subdivision Agreement for Sidwalk and/or Bicycle Path and Street Trees This instrument prepared by:
Duggan Bertsch,LLC
303 W. Madison,#1000
Chicago,Illinois 60606
RELEASE OF EAST HICKORY PARK SUBDIVISION
AGREEMENT FOR SIDEWALK AND/OR
BICYCLE PATH,AND STREET TREES
This Release of Agreement For Sidewalk and/or Bicycle Path and Street Trees
("Release") is made this _ day of December, 2020, by and between the City of Ames, Iowa
(the "City"), and Hickory Park, Inc., an Iowa Corporation ("Hickory Park") n/k/a DW Holdco,
Inc, an Iowa Corporation ("DW Holdco'), ("Hickory Park" and "DW Holdco' collectively
referred to as the"Owner").
WHEREAS, the City and Owner entered into an Agreement for Sidewalk and/or Bicycle
Path, and Street Trees (the "East Hickory Park Agreement'), recorded with the Story County
Recorder as Document 2005-00009849, affecting the property originally platted as East Hickory
Park Subdivision,Ames, Story County,Iowa(the"Property");
WHEREAS, the Property was subsequently re-platted as "Lot Five (5), Wheelock
Corner Subdivision, Ames, Story County, Iowa" and a new Agreement for Sidewalk and/or
Bicycle Path and Street Trees (the "Wheelock Corner Subdivision Agreement") was recorded
with the Story County Recorder as Document 2020-05302;
WHEREAS, the City acknowledges that the approval of the Wheelock Corner =
Subdivision Agreement supersedes and replaces any requirements for the Property from the
original East Hickory Park Agreement;
WHEREAS, the City acknowledges that the requirements placed on the Property by the
East Hickory Park Agreement for Sidewalk and/or Bicycle Path and Street Trees has been
superseded and replaced in their entirety by the Wheelock Corner Subdivision Agreement for
Sidewalk and Street Trees and the Agreement for Public Improvements; and
WHEREAS, the City and Owner desire to release the East Hickory Park Agreement from
public record as it pertains to the Property.
NOW THEREFORE, for and in consideration of the mutual promises and obligations of
the City and Owner, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, it is hereby agreed by and between the City and Owner as
follows:
1. The City hereby acknowledges that the Wheelock Corner Subdivision Agreement
(Document 2020-05302) supersedes and replaces in their entirety the terms and
conditions of the East Hickory Park Agreement;
2. The City hereby releases the Owner from any further obligations under the East
Hickory Park Agreement, and directs Document 2005-00009849 to be released from
the public record as it pertains to the Property.
[signatures on the following page]
IN WITNESS WHEREOF, the Parties hereto have duly executed this Release of Agreement of
on the day and year first written above.
CITY OF AMES, IOWA DW HOLDCO, INC., f/k/a HICKORY
PARK, INC.
John C.Joiner David Wheelock,President and
Director of Public Works Secretary
STATE OF IOWA )
COUNTY OF STORY }
This instrument was acknowledged before me on December_, 2020, by David Wheelock as
President of DW Holdco, Inc. f/k/a Hickory Park, Inc.
[Notary]
STATE OF IOWA )
COUNTY OF STORY )
This instruemnt was acknowledged before me on December ZZ— 2020,by John C. Joiner, as
Director of Public Works for the City of Ames, Iowa. /p
r'V �, n r /—•
[Notary]
APP V`D S 0 FO M
BY
MARK 0. MBERT
CITY ATTORNEY