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R89-16 AUTHORZING EXECUTION OF COVENANT - SOUTH FRANKLIN ESTATES
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R89-16 AUTHORZING EXECUTION OF COVENANT - SOUTH FRANKLIN ESTATES
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8/10/2016 11:02:07 AM
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Resolution/Ordinance
Res Ord Num
R89-16
Res Ord Title
AUTHORIZING EXECUTION OF COVENANT - SOUTH FRANKLIN ESTATES
Approved Date
2/6/1989
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1 . The City will improve, or cause to be improved, that <br /> portion of Imboden Drive lying adjacent to the Premises, said <br /> improvement to be done to City standards as approved by the <br /> City' s Department of Public Works. The City may improve Imboden <br /> Drive beyond that portion thereof described in the sentence <br /> immediately preceding, including that portion adjacent to the <br /> Premises, but any obligations for payment or reimbursement <br /> assumed or agreed to by the Owners as hereinafter described will <br /> be limited to the improvement of that portion of said Imboden <br /> Drive lying adjacent to the Premise$. <br /> 2. The Owners, John M. Brinkoetter and Martha M. <br /> Brinkoetter will reimburse the City for Fifty Percent (50$) of <br /> the City' s expenses in improving Imboden Drive as described in <br /> paragraph 1 hereof, said reimbursement to be paid in two equal <br /> installments. The expenses of the City for which the Owners, <br /> Jonn ri. Brinkoetter and Martha M. Brinkoetter, are obligated to <br /> reimburse the City, as described herein, include, but are not <br /> limited to, engineering ,fees, labor and materials, as well as any <br /> and all costs reasonably and customarily associated with projects <br /> of a similar nature. <br /> 3. John M. Brinkoetter and Martha M. Brinkoetter shall be <br /> obligated to pay the first installment to the City as described <br /> above on or before January 1, 1990. <br /> 4 . The Owners, (Douglas Polite, Richard Cain, James Ielase <br /> ociated Anesthesiolo ists of Decatur Em lo ees Trust <br /> and Ass g p y I , <br /> shall be obligated to pay the second installment to the City, as <br /> described above, on or before the earliest of the following three <br /> (3) dates: (1) Upon the sale of that portion of the Premises not <br /> including Lot 1, or the sale of any portion thereof; (2) Upon the <br /> application for a building permit for any portion of the Premises <br /> not including Lot 1; or (3) January l, 1992. <br /> 5 . The obligation of John M. Brinkoetter and Martha M <br /> Brinkoetter as to the first installment shall not exceed Fifteen <br /> Thousand Dollars ($15,000.00) . <br /> 6. The obligation of Douglas Polite, Richard Cain, James <br /> Ielase and Associated Anesthesiologists of Decatur Employees <br /> Trust as to the second installment shall not exceed Fifteen <br /> Thousand Dollars ($15,000.00) . <br /> 7 . John M. Brinkoetter and Martha M. Brinkoetter agree that <br /> this agreement shall provide the City with a lien upon the <br /> premises described herein as Lot 1. <br /> 8 . Douglas Polit�e,� Richard Cain, James Ielase and <br /> Associated Anesthesiologists of Decatur Employees Trust agree <br /> that this agreement shall constitute a lien on all premises <br /> described hereinabove other than that portion contemplated to be <br /> transferred to John M. Brinkoetter and Martha M. Brinkoetter. <br />
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