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1 - <br /> r-- • <br /> RESOLUTION NO. ,_- <br /> RESOLUTION APPROVING ONE CERTAIN AGREEMENT <br /> BETWEEN WALTER AND SUE POTTS AND THE CITY OF CLIVE <br /> WITH RESPECT TO A DEVELOPMENT PLAN FOR REAL ESTATE <br /> ZONED C -6, AUTHORIZING AND DIRECTING THE MAYOR. <br /> TO EXECUTE SAID AGREEMENT ON BEHALF OF THE <br /> CITY OF CLIVE, IOWA, AND AUTHORIZING AND <br /> DIRECTING THE CITY CLERK TO ATTEST TO THE SAME <br /> WHEREAS, Walter T. Potts, Jr. and Sue C. Potts, husband and wife <br /> ("Potts"), have submitted to the City of Clive, Iowa ( "City ") a <br /> Development Plan for certain real estate zoned C -6 and located <br /> • <br /> within the City of Clive, Iowa; and <br /> WHEREAS, said real estate is now owned in part by Potts and in <br /> part by the City; and <br /> WHEREAS, said Development Plan for said real estate was approved <br /> by the City Council of the City, subject to Potts obtaining legal <br /> title to all of the real estate covered by the Development Plan <br /> within /XC days from December 18, 1986 and subject to Potts <br /> executing the Agreement attached hereto (the "Agreement "); and <br /> WHEREAS, as part of said Development Plan, Potts submitted to <br /> the City the Agreement which sets forth various rights, obligations <br /> and duties of Potts and the City with respect to the Development <br /> Plan and Final Site Plan for the real estate, said Agreement is by <br /> this reference incorporated herein; and <br /> WHEREAS, the City Council of the City is desi rous of executing <br /> said Agreement at the time Potts owns all the real estate which is <br /> the subject of the Development Plan. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF CLIVE, IOWA: <br /> 1. That the attached Agreement is hereby approved and ac- <br /> cepted by this City Council. <br /> 2. That the Mayor is hereby authorized and directed to exe- <br /> cute said Agreement on behalf of the City of Clive, Iowa, <br /> at such time as Potts owns all of the real estate identi- <br /> fied in the Development Plan; provided, however, that <br /> of said real estate covered b <br /> Potts acquire all o i rea by the <br /> Development Plan within days of December 18, 1986 and <br /> has executed and delivered said Agreement to the City. <br /> 3. That the City Clerk is hereby authorized and directed to <br /> attest to the signature of the Mayor on said Agreement, to <br /> affix the seal of the City to the same and to cause said <br /> Agreement to be recorded in the office of the Polk County, <br /> Iowa, Recorder upon proper execution. <br /> PASSED AND APPROVED this 18th day of December, 1986. <br /> 110 / di <br /> • <br /> O. a - ne Ma . d: • , Ma o <br /> ATTEST: <br /> A / ..... ..to <br /> arjori„ S. Roberts, City Clerk <br />