HomeMy WebLinkAboutA028 - Rerecorded Amendment to Agreement for Public Improvements dated August 25, 2020, Instrument No. 2022-00769 Instrument N: 2020-11151
' 09/24/2020 08:53:10 AM Total Pages: 3
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Recording Fee: 17.00
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Instrument p: 2022-00769
01/24/2022 09:28:34 AM Total Pages: 4
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Recording Fee. $ 22.00
Staci`erHerriiddgle,, Recorder`,, Story County f.00wwa II
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S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U_SE
Urgal dcscnpt�on•Lots 1 and 2,Kingsbwy's Fourth Addition,Ames,Story County,Iowa.
Return document to: City Clerk,515 Clark Avenue,Ames IA 50010
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Docutn i nt prepared by:City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146
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Amendment to Agreement for Public Improvements
This Amendment is made by and between City of Ames. Iowa, DET Land Company, L.C.,
and VVW 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.
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1.3. "WW" means WW Holdings Corporation
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1.4. "Subdivision" means Kingsbury's Fourth Addition, Ames, Story County, Iowa.
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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
a office of the Recorder of Story County, Iowa.
1.6. "Amendment" means this instrument as signed by the parties hereto.
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2. Circumstances & Purpose. City and DET entered into the Agreement as required by City's
orc'inances for the platting by DET of the Subdivision. DET conveyed a part of the Subdivision
tc, W V. D4 1' and WW 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 Nvill be responsible for the Improvements on Lot 1, and DET will be
responsible for the Improvements on Lot 2.
3. Revised Financial Security Estimate. Exhibit A of the Agreement is hereby deleted, and the
revised Exhibit A attached hereto is substituted therefor.
RE-RECORDED
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 $113_15.00 (`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.
fea�n
Dougl P ler
STATE: OF IOWA,COUNTY OF STORY, SS.:
This instrument was acknowledged before me on &/Z Y/OZ45 by Douglas Pyle, as Manager of
DE I' Land Company, L.C.
r PEGGY L DUNCAN NOTARY PUBLIC
Z~ �Commission Number 7358%
My Co lssionres
WW HOLDINGS C ION
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RyA avis, President and Director
STATE. OF iOWA,COUNTY OF STORY,SS.: _
This instrument was acknowledged before me on ��by Ryan Davis, as President and
Director of WW Holdings Corporation.
aV91 is DAVID J TUCKER
i e.. Commission Number 190427 NOTARY PUBLIC e
My Commission Expires ,rP(,i f v C-/foc
�arvP May 28, 2021
RE-RECORDED
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Passed and approved on 15_V a5 2020, by Resolution No. 20- y5 5
adopted by the City Council of the ity of Ames, Iowa.
CITY OF A S IOWA
�+�,p„ay'* �K i ' John A. Haila, Mayor
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Diane R. Voss, City Clerk
4 IS SfiA`I E OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on C95 , 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 ti
fyp nrnasion Numbw 812138
y My Commission B*n NOITA PUBLIC
RE-RECORDED
Exhibit A: KINGSBURY 4TH ADDITION AMENDED PUBLIC IMPROVEMENT AGREEMENT COSTS
Lot 1 Quantity Unit Unit Price Totals
Sidewalk Pavement, PCC 4 thick 344.8 SY 40 13,790.00
Sidewalk Pavement, PCC, 6"thick 5.6 SY $ 75 $ 420.00
Detectable Warning Panels 8 SF $ 30 $ 240.00
COSESCO (erosion control) 5.73 EA $ 500 $ 2,865.00
LOT 1 TOTAL $ 17,315.00
Lot 2
Sidewalk Pavement, PCC,4"thick 86.2 SY $ 40 $ 3,450.00
Sidewalk Pavement, PCC,6"thick 1.4 SY $ 75 $ 105.00
Detectable Warning Panels 2 SF $ 30 $ 60.00
COSESCO (erosion control) 1.17 AC $ 500 $ 585.00
Sanitary Sewer Connection 1 EA $ 2,000 $ 2,000.00
Sanitary Sewer Manhole, SW-301,48" 1 EA $ 5,000 $ 5,000.00
Sanitary Sewer Gravity Main,Trenched, 8" 152 LF $ 75 $ 11,400.00
Water Main,Trenched,8" 154 LF $ 60 $ 9,240.00
Water Valve,8" 1 EA $ 2,500 $ 2,500.00
Water Main Connection 1 EA $ 3,000 $ 3,000.00
Fire Hydrant Assembly 1 EA $ 5,000 $ 5,000.00
Street Lighting 1 LS 5000 $ 5,000.00
LOT 2 TOTAL $ 47,340.00
COMBINED TOTAL $ 64,655.00
RE-RECORDED