HomeMy WebLinkAboutA005 - Agreement for Sidewalk and Street Trees, Instrument No. 2022-01303 Instrument 0: 2022-01303
(dl ' 02/10/2022 02:31 :28 PM Total Pages: 3
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Recording Fee. $ 17.00
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
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 ERBEN
HUNZIKER AND MARGARET HUNZIKER APARTMENTS, L.L.C. ("E&M") and
HUNZIKER DEVELOPMENT GROUP, LLC ("HDG") (E&M and HDG 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 AUBURN TRAIL
SUBDIVISION FIRST ADDITION,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:
1. 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. The 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. The Owner shall deposit with the City a surety bond, letter of credit, or certified
check in the amount of FIFTEEN THOUSAND FIVE DOLLARS and 00/100 ($15,005.00)
conditioned upon the completion of the sidewalk construction and planting of trees as required by
the City for said Subdivision. Upon satisfactory completion of the sidewalk construction and the
planting of trees the security provided herewith shall be released.
3. 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.
Dated this ZI day of December, 2021.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
AGREEMENT FOR SIDEWALK AND STREET TREES
ERBEN HUNZIKER AND MARGARET
HUNZIKER APARTMENTS,L.L.C.
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By:
D n E. Hunziker, Qnager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this day of December, 2021,by Dean E.,
Hunziker, as a Manager of Erben Hunziker and Margaret Hunziker Apartments, L.L.C.
y MARCIA KRAUSE
P CommNebn Number$03020
. M TT a Notary Public in and for the State of Iowa
My commission expires o1-oZ� a3
HUNZIKER DEVELOPMENT GROUP, LLC
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Q14. Dodg anager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this day of December, 2021,by Justin R.
Dodge, as a Manager of Hunziker Development Group, LLC.
MARGIN KRAUSE --r 1('j� � c- Ga
Commission Number 803020 /�"
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My 'res
Notary Public in and for the State of Iow_a
My commission expires -Z
CITY OF AMES, IOWA
By: �--�
John Joiner
Director of Public Works
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