Agenda - Council Work Session - 09/02/2003

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[DRAFT] continue to work with the CiD' to pursue alternative strategies, including, for example, a traffic demand mana~oement plan, to mitigate any such impacts, such that the RTC Project complies with the requirements of the AUAR. At such time as the CiD' Engineer determines that miti,oation is no longer sufficient to satisfaction of the AUAR, the Developer must construct the AUAR Roadway Improvements. On or before the Developer must deliver to the City. a letter of credit in the amount of $ , to secure the Developer's performance of its obligation to construct the AUAR Roadway Improvements. The Cit~, reserves the ri.,oht to refuse to ~rant Final Plan approval for subsequent Phases if the CiD' Engineer determines AUAR Roadwav ImprOvements necessary to serve the Phase have not been constructed. _4.1 $ SPECIAL SERVICE DISTRICT. The City may, in the future, adopt an ordinance orderin?, a special service district.pursuant to Minnesota Statutes Chapter 428A to provide an enhanced-level of park improvements within the Subject Property. or to provide enhanced, offsite roadway improvements to serve the Subject Property and other properties within the special service district. The Developer, for itself and its successors and assi~ons, a_gorees that if the City establishes a special service distribt for such purposes under Minn. Stat. Chapter 428A or any successor statutes~ thc owner or owners of the Subject Property will not to file an objection to the ordinance pursuant to Minn. Stat. Section 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. ARTICLE 5 CITY HALL SITE 5.1 DEVELOPER cONTRIBUTION · x~r;,;,;~ xn ,~ .... r~ .... ~ x]^+;^~ c-.-~i~ ,~ ~;+,, the ~ ..... ~ ........ m preparc m~m m~, c~ +~ ~;+.. u~ c;+~ ~ +~ .... a~ c~..,;+~ ....... +~ ~_~ ~' fccPr~mp~u_pon the Developer's execution and recordin~ of this Master ~greement, the CiB' will commence the process required under'its Charter to authorke the CiB, to convey the'CiB~ Tract to the Developer ~ exchange for the CiB' Hall Site. The CiW will convey the CiB, Tract to the Developer subject to all covenants, conditions, restrictions and easements o~ reco _, if any. as of ,2003. The Developer must convey marketable title to the City Hall Site to the GiB~ subject only, to (a) easements existing as of the. date of this Master Agreement or established in the Master Final Ptah 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) m~ ~.-~c ........ ~ .... ~ k.~ .... ,~ ............. ~iterestriction described below. The Developer shall convey the CiB, HaH Site to the CiB, 155573(1.red V8 tp V6; 8/29103 19