HomeMy WebLinkAboutA026 - Amendment to Agreement for Public Improvements dated August 25, 2020, Instrument No. 2020-11151 Instrument U: 2020-11151
J. 09/24/2020 08:53:10 AM Total Pages: 3
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Recording Fee: $ 17.00
Stacie Herridge, Recorder, Story County Iowa
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Legal descnptwn:Lots I and 2,Kin sbury's Fourth Addition,Ames,Story County Iowa.
(g!�YA4) Return document to: C�qlerk,515 Clark Avenue,Ames[A 50010
Docturientp=ared by:City ofAnies Legal Department 515 Clark Ave.,Ames,1A 50010—515-239-5146
Amendment to Agreement for Public Improvements
ThisAmendnwnt is made by and between City of Ames. Iowa, DET LandCompany. L.C.,
and WW I ioldings Corporation as follows:
1. Definitions. The following terms are defined:
1.1. "City" means the City of Ames, Iowa,
1.2. "DET" means DET Land Company, L.C.
1.3. "WW" means WW Holdings Corporation
1.4. "Subdivision" means Kingsbury's Fourth Addition, Ames, Story County, Iowa.
1.5. "Agreement" means the"Agreement for Public Improvements" between City and DET as
Owner dated May 11, 2020, filed May 21, 2020, and recorded as Inst. 2020-05296 in the
office of the Recorder of Story County, Iowa.
1.6. "Amendment" means this instrument as signed by the parties hereto.
2. Circumstances & Purpose. City and DET entered into the Agreement as required by City's
ort.'inances for the platting by DET of the Subdivision. DET conveyed a part of the Subdivision
to W\V. DET and W\N/ have requested the City to divide the obligations due under the
Agreement between the two buildable lots, and City has agreed to do so. Effective with this
amendment, WW will be responsible for the Improvements on Lot 1, and DET will be
responsible for the Improvements on Lot 2.
3. Revised Financial Security Estimate. 13xfiibit A of the Agreement is hereby deleted, and the
revised Exhibit A attached hereto is substituted therefor.
4. Assignment of Obligations. DET assigns to WW and WW accepts all of the obligations of
the Owner under the Agreement for the installation of Improvements for Lot 1 as shown on
Exhibit A. WW shall forthwith deposit $17,3 I S.DO ("Substituted
Security") with the City as required under the Agreement. City approves the Assignment.
5. Release of Deposit. Upon deposit of the Substituted Security, City will release to DET the
amount of the Substituted Security.
6. Completion of Public Improvements. Upon the satisfactory completion of Improvements,
including the paying of reasonable engineering and inspection fees therefore, the Clerk shall
be authorized to release the security to the party posting the same.
7. Reaffirmation of Agreement. Except as modified by this Amendment, the Agreement is
hereby reaffirmed in its entirety. This Amendment shall be strictly construed to the subject of
this Amendment only,and all other agreements,particularly the Development Agreement filed
May 21, 2020, as Inst. No. 2020-05291, are reaffirmed.
DET LAND COMPANY, L.C.
DoW— anager
STATE OF IOWA, COUNTY OF STORY,SS.:
This instrument was acknowledged before me on �/DZ0 by Douglas Pyle, as Manager of
DET Land Company, L.C.
S PEGGY L DUNCAN NOTARY PUBC
Z4k:
f;Commission Number 735896
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My Comfyfission Expires ?
a Y 2 3
WW HOLDIIIIGS C ION
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Ryz(n avis, President and Director
STATE OF;OWA,COUNTY OF STORY, SS.:
This instrument was acknowledged before me on 4 _by Ryan Davis, as President and
Director of WW Holdings Corporation.
�PR� cs DAVID J TUCKER
z° Commission Number 19D427 NOTARY PUBLIC �!
My Commission Expires ,/I LA►n r ,C-K&fc
�owP May 28, 2021
Passed and approved on LQL15t a5 2020, by Resolution No. 20-
adopted by the City Council of the ity of Ames, Iowa.
CITY OF A S, IOWA
44
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John A. Haila, Mayor
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Diane R. Voss,City Clerk
STATE OF IOWA, COUNTY OF STORY, SS.-
This instrument was acknowledged before me on �L �i- `jJ _, 2020, by John A.
Haila and Diane R. Voss, as Mayor and City Clerk, res tively, of the City of Ames, Iowa.
AMY L. COLWELL
t'C,0111
MyTIssion 21
Number$12131
g.13-�1ExP NOTA PUBLIC