HomeMy WebLinkAboutA009 - Agreement for Sidewalk Deferrment Instrument No. 2023-00235 I
{ Instrument f#: 2023-•00235
01/10/2023 02:25:32 PM 00 OTHER Total Pages: 3
Recording Fee: $ 17.00
Staci�el Worridge, Recorder, Story County Iowa
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INSTRUMENT PREPARED BY: Brian D.Torresi 120 S 16"St.,Ames,IA 50010 515 288-2500
RETURN To: Brian D. Torresi 120 S 1611 St. Ames,IA 50010
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AGREEMENT FOR SIDEWALK DEFERMENT
The parties to this Agreement for Sidewalk Deferment (this "Agreement"} are ELY'S
SOUTH DUFF PROPERTY,L.C.(the"Owner"),and the CITY OF AMES,IOWA(the
WHEREAS, the Owner is 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 ELY'S
SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,IOWA(the"Subdivision");and
WHEREAS,the Owner is required to construct a sidewalk along Duff Avenue as part of the
platting procedure of the City; and
WHEREAS, the installation of a sidewalk at this time is premature in light of the
contemplated future widening of that part of Duff Avenue adjacent to the Subdivision, and the
Owner and the City desire to defer the installation of said sidewalk in consideration of the payment
of the Security (as that term is defined herein)by the Owner to the City;
NOW,THEREFORE,in consideration of the premises, it is hereby understood and agreed
that:
I. In lieu of the construction of a sidewalk as part of the current development of the
Subdivision, the Owner shall deposit with the City the amount of SIX THOUSAND TWO
HUNDRED FORTY DOLLARS and 00/100 ($6,240.00) in cash (the "Security") to be held in
escrow by the City for the future construction of a sidewalk. Deferment of sidewalk construction is
appropriate as installation is premature, and as authorized by ordinance and upon the execution of
this Agreement and the delivery of the Security, the City will undertake the construction of the
sidewalk at such time as the City determines is necessary as part of the project for the widening of
Duff Avenue. The Security provided hereunder shall be nonrefundable and shall be used by the City
to offset the costs of the City related to the sidewalk construction, and upon said construction the
City may direct the City Clerk to withdraw the Security, plus any interest accrued thereon, to
compensate and/or reimburse the City for the costs related to said construction.
2. 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 tocontinue any interest in the covenants are filed as provided by law.
Dated this day of December, 2022.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
AGREEMENT FOR SIDEWALK DEFERMENT
ELY'S SOUTH DUFF PROPERTY,L.C.
By: MILDRED E. ELY TRUST, Sole Member
By:
Mildred E. Ely, Trustee
STATE OF IOWA, COUNTY OF , SS:
This record was acknowledged befo me on this If day of December,2022,by Mildred E.
Ely, Trustee of the Mildred E. Ely Trust, the Sole Member of Ely's South Duff roperty, L.C.
Cammisalon I�um` ;� Notary Cubfi Vinnd fo the State of Iowa
My Commleslon F,i,i;:,aMy commissxpires
-CITY OF AMES, IOWA-
By• f
4John AJoiner
Director of Public Works
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