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is <br /> RESOLUTION NO. 5j 4 <br /> RESOLUTION APPROVING AGREEMENT WITH THE <br /> NORFOLK AND WESTERN RAILWAY COMPANY AND <br /> INDEMNITY AGREEMENT WITH SPORTS MARKET PARTNERS <br /> WHEREAS, the Norfolk and Western Railway Company and the City <br /> of Clive, Iowa, at the request of Sports Market Partners have <br /> negotiated an Agreement providing for the construction, <br /> reconstruction and maintenance of a grade crossing in the vicinity <br /> of Swanson Boulevard and N.W. 100th Street in the City of Clive, <br /> Iowa; a copy of said Agreement being attached hereto as Exhibit A; <br /> and <br /> WHEREAS, the City of Clive and Sports Market Partners have <br /> negotiated a certain Indemnity Agreement attached hereto as Exhibit <br /> B, whereby Sports Market Partners agrees to assume all of the <br /> City's obligations under the Agreement with the Norfolk and Western <br /> Railway Company referred to above. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF CLIVE, IOWA: <br /> The attached Agreement with the Norfolk <br /> and Western Railway Company, as well as the <br /> attached Indemnity Agreement with Sports Market <br /> Partners, be and are hereby approved and <br /> accepted by this City Council; and the Mayor <br /> is hereby authorized and directed to execute <br /> said Agreements on behalf of the City of Clive, <br /> Iowa; and the City Clerk is hereby authorized <br /> and directed to attest to the signature of the <br /> Mayor and to affix the City seal to the same. <br /> PASSED AND APPROVED THIS 1 day of � , 1991. <br /> By: \p„ 44:w <br /> •. Gen= M.ddox, 'ayor <br /> ATTEST: <br /> b <br /> Marjorie Roberts, City Clerk <br /> c: \jcw \clive \resolu \norfolk <br />