Agenda - Council Work Session - 09/02/2003

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[DRAFT] successor statutes, the owner or owners of the Subject Property will not to file an objection to the ordinance pursuant to Minn. Stat. Sectioh 428A.09, Subd. 2 or any successor statute, but Developer has not waived its right to object to the establishment of the special service district pursuant to Minn. Stat. Section 428A.02, Subd. 4 or to appeal the establishment of the Special Service District pursuant to Minn. Stat. Section 428A.02, Subd. 5. 4.19 Property.. BUFFER PROPERTYThe City. agrees not to permit Development of the BUffer ARTICLE 5 CITY HALL SITE 5.1 DEVELOPER CONTRIBUTION. Promptly upon the Developer's execution and recording of this Master Agreement, the City will commence the process required under its Charter to authorize the City to convey the City Tract to the Developer in exchange for the City Hall Site. The City will convey the City Tract to the Developer subject to all covenants, conditions, restrictions and easements of record; if any, as of ,2003. The Developer must convey marketable title to the City Halt Site to the City subject only to (a) easements existing as of the date of this Master Agreement or established in the Master Final Plat, which do not adversely affect the City's intended use of the City Hall Site and do not impose any financial obligations on the owner of the City Hall Site and (b) the restriction described below. The Developer shall convey the City Hall Site to the City subject to the restriction that for a period of fifty. (50) years following the date of the conveyance the City may only use the City Hail Site for purposes of a City Hall, a multi-modal transit station, a public parking facility or a combination of the above uses. The restriction must provide that in the event of a breach of the restriction the benefited party's sole remedy is to commence an action in Anoka County District Court to enjoin any use of the City Hall Site which violates the restriction. 5.2 CITY MAINTENANCE OF CITY HALL SITE. Between the date the Developer conveys the City Hall Site to the City and the date the City commences construction of the City Hall Improvements or the date title to the. City Hall Site reverts to the Developer pursuant to the right of reverter described in Section 5.1, the City shall maintain the City Hall Site in a neat, clean and trimmed condition. If necessary, the City will seed the City Hail site to establish ground cover to prevent erosion. ARTICLE 6 CITY PUBLIC IMPROVEMENTS - GRADING 6.1 CITY PUBLIC IMPROVEMENTS - GRADING. The City must, at its expense, final grade the public rights-of-way underlying the City Roadway Improvements and,, if the City constructs the City Hall on the City Hall Site, the City Hall Site, as contemplated in the Master Grading Plan. The City must undertake and complete its grading activities associated with the City Roadway Improvements and the City Halt hr~provements in connection with and within the timeframe set forth in this Master Agreement for the City's completion of the City Roadway Improvements and the City Hall Improvements, as applicable.