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A004 - Agreement for Sidewalk and Street Trees signed March 22, 2024
Instrument 4: 2024-03197 05/20/2024 11 :53:01 Aft Total Pages: 3 00 OTHER Recording Fee: $ 17.00 �© Stacie Herridge, Recorder , Story County Iowa w o � o � Fb a� z �W N k. 'cJ INSTRUMENT PREPARED BY: Brian D.Torresi, 120 S 161h St.,Ames,IA 50010(515)288-2500 RETURN To: Brian D.Torresi, 120 S 161h St.,Ames,1A 50010 AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement for Sidewalk and Street Trees(this"Agreement"}are Hunziker Development Group,LLC (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 SUNSET RIDGE NORTH SUBDIVISION, FIRST ADDITION, AMES, STORY COUNTY, IOWA (the "Subdivision"); and WHEREAS,the Owner is 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 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,and plant the trees as required by Section 23.402 of the Municipal Code of the City of Ames, Iowa. 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 i 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 Owner 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. 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(2 I)years from the date of the recording of these covenants,tniess claims to continue any interest in the covenants are filed as provided by law. Dated this ??-'day of March,2024. (SIGNATURE PAGE FOLLOWS) SIGNATURE PAGE OF AGREEMENT FOR SIDEWALK AND STREET TREES HUNZIKER DEVELOPMENT GROUP,LLC By: Justin R. D dge,Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on thisR;Zday of March, 2024, by Justin R. Dodge, as a Manager of Hunzilcer Development Group,LLC. Notary Public in and for the State of Iowa My commission expires MARCIA KRAUSE CITY OF AMES,IOWA Commission Number 803020 w My Co mission Exp'es By: L John Joiner Director of Public Works