11/15/11 Special - Laserfiche WebLink

Home

unilaterally execute and record an instrument terminating this Agreement, and a statement in the termination instrument that the termination is made pursuant to this Section 7.2 based on HRA's decision to construct New Parking Facilities shall be prima facie evidence of HRA's decision. HRA must give RPC at least sixty (60) days prior written notice before HRA executes and records an instrument terminating this Agreement and, if RPC so requests, in writing, within sixty (60) days after RPC's receipt of a notice from HRA of HRA's intent to terminate this Agreement, HRA and RPC must execute and record a new agreement confirming the termination of this Agreement and granting RPC (i) a new, non-exclusive, appurtenant parking easement that gives Permitted Users a non-exclusive right to use the same number of parking stalls in the New Parking Facilities that RPC had the right to use under his Agreement at the time of HRA's notice to RPC; (ii) a new, non-exclusive, appurtenant access easement for vehicular ingress and egress between the New Parking Facilities and a public right of way; and a new, non-exclusive, appurtenant easement for pedestrian access between the New Parking Facilities and the RPC Property (collectively, the "Replacement Parking and Access Easement"). HRA may include in the Replacement Parking and Access Easement indemnification and insurance provisions that impose the same indemnity and insurance obligations on RPC as the indemnification and insurance provisions set forth in Sections 5 and 6 of this Agreement. If the New Parking Facilities are not completed and available for use by Permitted Users when the termination of this Agreement is affective, HRA must, at HRA's sole cost and expense, provide temporary parking for Permitted Users at a location within 1,000 feet of the boundary of the RPC property until the New Parking Facilities are completed and available for Permitted Users to use pursuant to the terms of the Replacement Parking and Access Easement. HRA must, at its sole cost and expense, construct and maintain the temporary parking areas which may, at HRA's option, have a gravel surface. If RPC does not notify HRA within sixty (60) days after RPC's receipt of a notice from HRA of HRA's intent to terminate this Agreement that RPC is requesting a Replacement Parking and Access Easement, RPC's right to the Replacement Parking and Access Easement terminates and is of no further force or affect. HRA shall, in its sole and absolute discretion, determine the location of the access to and the configuration of the parking stalls within the New Parking Facilities. The HRA may reconfigure the location of stalls within the New Parking Facilities from time to time; provided, however, HRA may not reconfigure the parking stalls in a manner that results in fewer parking stalls available to RPC than were previously available to RPC before the reconfiguration. HRA is responsible for constructing any New Parking Facilities within the Replacement Easement Area, and RPC is not responsible for paying or reimbursing HRA for any costs associated with the initial construction of the New Parking Facilities. The Replacement Parking and Access Easement will obligate RPC to pay its proportionate share of the costs of all maintenance, repair and replacement of the New Parking Facilities (based on a formula of the number of parking stalls RPC is entitled to use under the terms of the Replacement Parking and Access Easement divided by the total number of parking stalls on or in the New Parking Facilities. RPC may unilaterally release and terminate its rights under the Replacement Parking and Access Easement at any time by recording an instrument releasing and terminating its rights in the Anoka County Land records and providing HRA with a copy of the recorded instrument of release and termination and thereafter RPC shall be relieved of any its obligation to pay its proportionate share of any costs of maintaining, repairing and replacing the New Parking Facilities that are incurred after the date RPC records such release and termination instrument. The provisions of this Section 7.2 survive HRA's termination of this Agreement pursuant to this Section 7.2. 4 4012615v9