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RESOLUTION NO. /42,3 <br /> RESOLUTION APPROVING ONE CERTAIN ASSIGNMENT <br /> AGREEMENT BETWEEN MARBELLA & COMPANY, ALBERT E. CARLSON, <br /> WILLIAM T. SHEA, HAROLD T. PANCIERA, JR., NATIONAL TRAVEL <br /> PLAZAS, INC. AND THE CITY OF CLIVE, IOWA <br /> WHEREAS, Marbella & Company, a Connecticut general partnership, <br /> Albert E. Carlson, William T. Shea and Harold T. Panciera, Jr. <br /> (hereinafter collectively referred to as "Marbella ") and the City of <br /> Clive, Iowa (hereinafter referred to as "Clive ") entered into an <br /> agreement dated as of February 7, 1985 (the "1985 Agreement "), with <br /> respect to certain rights and obligations relating to the develop- <br /> ment by Marbella of property known as Lot 4 State Farm Addition <br /> (hereinafter "Lot 4 "); and <br /> • WHEREAS, on March 13, 1986, the City Council of Clive approved a <br /> site plan for the development of a travel plaza by Marbella on a <br /> portion of Lot 4; and <br /> WHEREAS, pursuant to said site plan approval, before securing a <br /> building permit, Marbella is required to file a Declaration of Ease- <br /> ments, Restrictions and Covenants covering the proposed travel plaza <br /> development; and <br /> WHEREAS, Marbella has sold all right, title and interest in Lot <br /> 4 to National Travel Plazas, Inc., a Nevada corporation (hereinafter <br /> "National"); and <br /> WHEREAS, Marbella desires to assign to National and National <br /> desires to assume all of Marbella's rights, duties and obligations <br /> related to Lot 4 and the proposed travel plaza development, includ- <br /> ing, but not limited to those rights, duties and obligations created <br /> in the 1985 Agreement and the site plan approval; and <br /> WHEREAS, pursuant to paragraph 13 of the 1985 Agreement, Marbel- <br /> la may not assign its rights, duties or obligations thereunder with- <br /> out the prior written consent of Clive; and <br /> WHEREAS, Clive desires to give its consent to the assignment by <br /> Marbella of its rights, duties or obligations under said site plan <br /> approval and the 1985 Agreement, provided Marbella is not released <br /> from its obligations under the 1985 Agreement, all in accordance <br /> with the terms and conditions of the Assignment Agreement attached <br /> hereto and by this reference incorporated herein. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF CLIVE, IOWA: <br /> That the attached Assignment Agreement is hereby accepted <br /> and approved by this City Council; and the Mayor is hereby <br /> authorized and directed to execute said Assignment Agreement on <br /> behalf of the City of Clive, Iowa and the City Clerk is hereby <br /> authorized and directed to attest to his signature and to affix <br /> the seal of the City of Clive, Iowa to the same. <br /> PASSED AND APPROVED this !1-L day of August, 1986. <br /> • <br /> W ht <br /> 0. G- e MadJo , Mayor <br /> ATTEST: <br /> ...240L <br /> . <br /> Marjo ie Roberts, City Clerk <br /> iL_ <br />