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. • <br /> r / <br /> RESOLUTION NO. 9/ / ,/ <br /> RESOLUTION APPROVING CONSTRUCTION <br /> AGREEMENT AND PETITION AND WAIVER <br /> CONCERNING HICKMAN COURT OFFICE BUILDING <br /> WHEREAS, David Fegley and Gary Dinsdale, (the "Property <br /> Owners ") submitted to the City of Clive a site plan for the <br /> property described as follows: <br /> Lot 2, Hickman Century Subdivision, an Official <br /> Plat in the City of Clive, Polk County, Iowa <br /> (containing 1.15 acres, more or less) (the <br /> "Property "). <br /> WHEREAS, the site plan for the Property was approved based, <br /> in part, on the representation therein that all paved areas would <br /> contain concrete curb and gutter; and <br /> WHEREAS, construction on the Property has been completed, but <br /> includes asphalt curb and gutter rather than concrete curb and <br /> gutter; and <br /> WHEREAS, the Property Owners have applied for an occupancy <br /> permit for the Property; and <br /> WHEREAS, the Property is not in compliance with the Site Plan <br /> due to the absence of concrete curb and gutter; and <br /> WHEREAS, the City has nonetheless agreed to issue an occupancy <br /> permit on the condition that concrete curb and gutter be installed <br /> on the Property not later than May 1, 1992; and <br /> WHEREAS, an Agreement has been prepared to evidence this <br /> understanding. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF CLIVE, IOWA: <br /> That the Construction Agreement and Petition and <br /> Waiver by Property Owners concerning the above - described <br /> Property be and is hereby approved and accepted by the <br /> City of Clive, Iowa, and the Mayor is hereby authorized <br /> and directed to execute the Agreement on behalf of the <br /> City, and the City Clerk is hereby authorized and <br /> directed to attest to the signature of the Mayor, to <br /> affix the seal of the City to the same, and to cause the <br /> Agreement to be recorded in the office of the Polk County <br /> Recorder. <br /> PASSED AND APPROVED this ?4, day of r�rl,�� , 1991. <br />