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08/29/03 FRI 18:37 FAX 612 340 8800 DORSEY WHITNEY LLP ~022 <br /> <br />of the Special Service District pm, su.ant~to Minn. Slat. Section 428A.02, Sub& 5, [Revise <br />reference only subdivision 4(3)] <br /> <br /> _ ~..,,~ <br /> AI°-TICLE~ <br /> CrTY IALL <br /> <br /> 5.1 DEVELOPER CONTRIBUTION. Within 60 days Formal Notice fi'om thc City, <br />'the Developer wil.l prepare a Final Plat for the City Hall S{te and thereafter forthwith execute <br />deliver to thc City a Minnesota Unifbrm Conveyancing Blank Form Quit Claim Deed con.veying <br />marketable fee title to the City t-lull Site subject onty to (a) easements existing as of the date of <br />this Master Agreement or established in the Master Final Plat which do not adversely affect the <br />City's in'tended use of the City Hall Site and do no'i impose any financial obligations on the <br />>'whet of the City Hall Si. re and lb) 'the rigl'tt of re,~erCer described below. The conveyance shall <br />orovide that (i) the City Flail Site 'may only be used as the city lnatl for the City; (i:i) the City Hall <br />gite may not be used by any private party, except With the consent of thc Developer, which <br />!onsent will not be um'casonably witkheld; (/ii') th~ City Hall Site may not be conveyed by the <br />Dity; and (ix,) the City's interest in the City Hall S'ke wi. ll revert to thc Developer if the City <br />dolates (i.), (ii) or (iii) or the City has not commenced the City [dull lmprovernem's within four <br /> 4') years after the date of this Master Agreement, .iThc City and the Developer agree that thc City <br /> axd the Developer may, by mutual agreement change the description oft he City [-lull Site. <br /> <br /> 5.2 CiTY MADdTENANCE OF CITY!HALL SITE. Between the date the Developer <br /> onveys the City Hall Site to the City and the datel the City commences construction of'the City <br />ali improvements or the date title to the City Hail Site reverts to the Developer pursuant to the <br />r{~ht of reverter described in Section 5.1, the Cityishall maintain the C, ity Idall Site in a neat, <br />el¢an and trimmed condition, Ifnecessary, the City will seed the CJ.t> Hall site to estab.[ish <br />grbund cover to prevent erosion. ~ . <br /> <br /> 5,3 PARK AND RIDE FACILITY, 'gchthin six (6) months after the ex.ecution of this <br />Master Agreement, the Developer w/Il., upon formal notice fi:om the City, lease tine property <br />described, o.n Exhibit ~ to the City for use as a Park and Ride Site. The lease shall resuSct the <br />City's use of the property to sar.face parking for a .Park and Ride Facility and will allow the City <br />to cmastract, at its sole cost m~d expense, a su'rfac2 parking .Io~. on the Property. l'[ the City <br />constructs a surface parking lot on thc leased parcel, the Developer will have no obligatibn to <br />compensate the City for t'he value of the parkj.ng i~provements at the ten~aination of the Lease <br />and the City will be responsible, i ~'requested by the Developer, to remove the parking <br />improvements at the termination of the Lease. <br /> <br /> ARTICLE 6 <br /> CITY PUBLIC rMPROVEMENTS -- GRADING <br /> <br /> 6.1 CITY PUBLIC I-MPROVEMENTS - GRAD/NG. The City mu.sl, at its expense, <br />final ~m'ade the public idghts-o~:-way underly/ng the City Roadway Improvements ~md, if the City <br />constructs the City Hall on the City Hall Site, the City Hall Site, as contemplated in the Master <br />Grading Plan, The City must undertake and complete its grading activities associated with the <br />City Roadway improvements and the City Hal'l 'hnproYements in connection with and within the <br /> <br />155~730v8~ l 7:' <br /> <br /> <br />