7/26/2011 11:01:28 AM
7/26/2011 11:01:27 AM
City of Clive
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• • <br /> RESOLUTION NO. 9/vI V <br /> RESOLUTION APPROVING ONE CERTAIN AMENDMENT <br /> TO DEVELOPMENT PLAN, AGREEMENT AND DECLARATION <br /> OF EASEMENTS, RESTRICTIONS AND COVENANTS <br /> WHEREAS, Greer Properties, Inc., a Delaware corporation <br /> ( "Greer ") is the owner of Lot 16 in Cownie Park Plat, an Auditor's <br /> Plat, now included in and forming a part of the City of Clive, Iowa <br /> (the "Site "); and <br /> WHEREAS, Aegon USA Realty Advisors, Inc., an Iowa corporation <br /> ( "Aegon ") is purchasing a portion of said Site from Greer; and <br /> WHEREAS, the City of Clive, Iowa ( "City ") has approved the <br /> Development Plan submitted by Greer for the Site and Aegon has pro- <br /> posed an Amendment to the Development Plan which Amendment has been <br /> approved by the City; and <br /> WHEREAS, Greer and the City entered into one certain Agreement <br /> dated December 30, 1988 which references the approved Development <br /> Plan; and <br /> WHEREAS, the City has accepted a Declaration of Easements, <br /> Restrictions and Covenants ( "Declaration ") executed by Greer; and <br /> WHEREAS, under the Development Plan, Agreement and Declaration <br /> there are certain rights of enforcement and personal obligations <br /> upon the parties to such documents and Greer desires that the <br /> Development Plan, Agreement and Declaration be amended to provide <br /> that the obligations specified in each be the obligation of the <br /> then owner or lessee of the real estate and terminate the personal <br /> obligation of the original parties to the agreement upon conveyance <br /> of their interest in the property; and <br /> WHEREAS, the City therefore desires to execute the attached <br /> Amendment to Development Plan, Agreement and Declaration of Ease- <br /> ments, Restrictions and Covenants ( "Amendment "). <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF CLIVE, IOWA: <br /> That the attached Amendment be and is hereby ap- <br /> proved and accepted by the City of Clive; and the Mayor <br /> is hereby authorized and directed to execute said Amend- <br /> ment on behalf of the City; and the City Clerk is hereby <br /> authorized and directed to attest to the signature of the <br /> Mayor, to affix the seal of the City to the same and to <br /> record said Amendment in the office of the Polk County, <br /> Iowa, Recorder. <br />
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