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• • <br /> PETITION AND WAIVER <br /> FOR PUBLIC SIDEWALK <br /> THIS PETITION AND WAIVER is made and entered into by and <br /> between the CITY OF CLIVE, IOWA (the "City "), and SPORTS MARKET <br /> PARTNERS, an Iowa general partnership (the "Property Owner "). <br /> W I T N E S S E T H: <br /> WHEREAS, the City may in the future construct certain public <br /> improvements in the City; and <br /> WHEREAS, the Property Owner desires that the Improvements be <br /> constructed to benefit property of Property Owner in the City of <br /> Clive and that special assessments be levied against certain real <br /> property owned or to be owned by Property Owner in Polk County, <br /> Iowa and legally described on Exhibit A, attached hereto (the <br /> "Property "): <br /> AND WHEREAS, the general description and location of the <br /> proposed public improvements on the Property is as follows: <br /> APPROXIMATELY 456 LINEAR FEET OF PORTLAND <br /> CEMENT CONCRETE SIDEWALK, 4 FEET WIDE, RUNNING <br /> PARALLEL TO SWANSON BOULEVARD, AND APPROXIMATE- <br /> LY 473 LINEAR FEET OF PORTLAND CEMENT CONCRETE <br /> SIDEWALK, 4 FEET WIDE, RUNNING PARALLEL TO <br /> 100TH STREET, ALL WITHIN THE PUBLIC RIGHT -OF- <br /> WAY ADJACENT TO THE PROPERTY, AND NECESSARY <br /> CONSTRUCTION RELATED THERETO (THE "IMPROVE- <br /> MENTS"). <br /> NOW, THEREFORE, BE IT AGREED. AMONG THE PARTIES HERETO AS <br /> FOLLOWS: <br /> As soon as practicable, the City shall have the right to cause <br /> the Improvements to be constructed in accordance with such plans <br /> and specifications as it shall deem appropriate. The construction <br /> of the Improvements shall be under the supervision of an engineer <br /> to be selected by the City, or in the event the Improvements are <br /> constructed by Property Owner, shall be subject to approval of the <br /> City Engineer. <br /> For the purpose of this Agreement, the City may elect to enter <br /> into contract for the construction of the Improvements as a part <br /> of any contract for a public improvement project entered into prior <br /> to the receipt of this instrument as authorized by Section 384.41(- <br /> 2) of the Code of Iowa. Notwithstanding anything else contained <br /> herein, Property Owner shall have the right to construct the <br /> Improvements itself, according to City plans and specifications; <br /> provided, however, that Property Owner shall be deemed to have <br /> waived this right unless construction of the Improvements shall <br /> commence within thirty (30) days after receiving a request by the <br />