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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 00 OTHER Recording Fee: 17.00 St i rIII r' e r r 5t ry �tlo II I Instrument p: 2022-00769 01/24/2022 09:28:34 AM Total Pages: 4 00 OTHER Recording Fee. $ 22.00 Staci`erHerriiddgle,, Recorder`,, Story County f.00wwa II III 7111�� �■1 11 I����I.�I���I�1�1"�'��I■ I�"� ,I 11 I 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 (pV Docutn i nt prepared by:City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146 �1Ytif 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. r. Q 1.3. "WW" means WW Holdings Corporation H 1.4. "Subdivision" means Kingsbury's Fourth Addition, Ames, Story County, Iowa. w 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. w 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 r 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 r t 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 x 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