1/11/2011 11:19:50 AM
1/11/2011 11:19:50 AM
City of Clive
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AGREEMENT RE WOODLANDS PARKWAY IMPROVEMENTS <br /> This Agreement (the "Agreement made and entered into this <br /> 31st day of August, 1989, by and between Mid America Investment <br /> Co. (hereinafter referred to as "Investment and the City of <br /> Clive, Iowa (hereinafter referred to as "City <br /> WITNESSETH: <br /> WHEREAS, Investment intends to plat and develop property in <br /> the City of Clive, Iowa, on real estate legally described as on <br /> Exhibit "A" hereto attached and by this reference made a part <br /> hereof (the "Property and <br /> WHEREAS, City is willing that Investment so develop a por- <br /> tion of said Property as The Woodlands Plat No. 1, subject to <br /> Investment following proper City procedures and obtaining all <br /> necessary approval therefor; however, the City and Investment <br /> further desire that Investment design, construct, install, pay <br /> for, and dedicate to the City, at Investment's own expense the <br /> Woodlands Parkway Improvements connecting that part of Woodlands <br /> Parkway within The Woodlands Plat No. 1 with Hickman Road (U.S. <br /> Highway 6), and crossing Clive Greenbelt Park, in the location <br /> shown on said Exhibit "B which Woodlands Parkway Improvements <br /> shall consist of all necessary design, work and material for the <br /> concrete culverts, sanitary sewer lines, water lines, storm sewer <br /> lines and concrete paving for street, all in accordance with the <br /> plans and specifications to be prepared by Investment and ap- <br /> proved by both the City and the Iowa Department of Natural Re- <br /> sources; and Investment shall secure the acceptance of said <br /> Woodlands Parkway Improvements from the City; and the City shall <br /> have the right to approve the design and inspect the construction <br /> of said Woodlands Parkway Improvements at Investment's expense, <br /> and at the time of the dedication of said Woodlands Parkway Im- <br /> provements, Investment shall furnish to the City a four year <br /> maintenance bond for the improvements in favor of the City and in <br /> form and substance satisfactory to City (The requirements of this <br /> paragraph shall hereinafter be referred to as the Woodlands Park- <br /> way Improvements.); and <br /> WHEREAS, the City and Investment further desire that In- <br /> vestment dedicate to the City by Warranty Deed, and at Invest- <br /> ment's own expense, all of the real estate necessary for the <br /> Woodlands Parkway Improvements, furnishing certain real estate <br /> for parks and the 60' wide right -of -way for said Woodlands Park- <br /> way Improvements; and Investment shall secure the acceptance of <br /> said Warranty Deed from City; and <br /> WHEREAS, Investment is willing to agree that it will so <br /> design, construct, install, pay for and dedicate to the City said <br />
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