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HomeMy WebLinkAboutA001 - Agreement for Sidewalk Ins,t.rument N: 2023T.00971 02/21/2023 02:01 :06 PM Total Pages, 3 00 OTHER o Recording Fee, 17.00 b Stacie Herridge, Recorder , Story County Iowa I E INSTRUMENT PREPARED BY: Brian D.Torresi 120 S 16t1i St.,Ames IA 50010 515 288-2500 RETURN To: Brian D.Torresi, 120 S 16111 St.,Ames,IA 50010 I AGREEMENT FOR SIDEWALK The parties to this Agreement for Sidewalk (this "Agreement") are Dayton Avenue Development, LLC (the"Owner") and the City of Ames, Iowa(the"City"). 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 NORTH DAYTON INDtiSTRIAL SUBDIVISION FIRST ADDITION, AMES, STORY COUNTY,IOWA(the "Subdivision"); and WHEREAS,the Owner is required to construct sidewalks 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 Owner 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. Owner 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. Further, if the sidewalk is not completed as aforesaid for the segment of the street abutting the loft within thirty-six(36)months of the approval of the final plat of the Subdivision, the Owner shall install the sidewalk as per City regulations regardless of whether an improvement 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. 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 deeined 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 day of January, 2023. (SIGNATURE PAGE FOLLOWS) 2 SIGNATURE PAGE OF AGREEMENT FOR SIDEWALK DAYTON AVENUE DEVELOPMENT,LLC By: asG U"t,4 Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this/G�day of January, 2023,by Charles E. Winkleblack, as a Manager of Dayton Avenue Development, LLC. S� REBECCA H. BARCLAY _ Commission Number 176182 N ary Public in and for the Stat of Iowa My Co mission Expi es r low' zy-a My commission expires By: De E. Hunziker, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this g /,�' day of January, 2023, by Dean E. Hunziker, as a Manager of Dayton Avenue Development, LLC. A,e,%AL REBECCA H.BARCLAY Commission Number 176182 tary Public n and for the State of Iowa 'owl, My C �n�ssio�n Expires My commission expires CITY OF AMES, IOWA r By: John Joiner Director of Public Works 3