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remedy is to commence an action in Anoka County Distnct Court to enjoin any use of the City <br />Hall Site which violates the restriction The City and the Developer acknowledge that the <br />precise location and configuiation of the City Hall Site may change between the date hereof and <br />the date of Developer is required to convey the City Hall Site to the City, based on a subsequent <br />agreement between the City and the Developer, provided, in no event shall the City Hall Site, as <br />so changed, have fewer square feet than that contained in the City Hall Site as of the date hereof <br />5 2 CITY MAINTENANCE OF CITY HALL SITE After grading the City Hall Site <br />pursuant to the Master Grading Plan, the City must seed the City Hall Sae as required under the <br />Master Grading Plan Between the date the Developer conveys the City Hall Site to the City and <br />the date the City commences construction of improvements on the City Hall Site, the City must <br />maintain the City Hall Site in a neat, clean and trimmed condition <br />5 3 CITY'S EXISTING WELL SITE The City currently owns the portion of the <br />Subject Property legally described as the East 100 00 feet of the West 160 00 feet of the North <br />174 00 feet of the South 217 00 feet of the Southwest Quarter of the Northeast Quarter, Section <br />28, Township 32, Range 25, Anoka County, Minnesota (the "City Well Site") A portion of the <br />City Well Site is being replatted as Lot 1, Block 3 as shown on the Master Development Plan <br />The balance of the City Well Site is being platted as Outlot J as depicted on the Master <br />Development Plan Promptly upon the Developer's execution and recording of this Master <br />Agreement, the City will commence the process required under its charter to authorize the City <br />to quitclaim Outlot J to the Developer for the purpose of conveying to the Developer all of the <br />City's right, title and interest in and to the portion of the City Well Site not included within Lot 1, <br />Block 3 as depicted on the Master Development Plan During Developer's grading and <br />construction activities on the Seller's Subject Property, Developer must maintain a method of <br />reasonable access to Lot 1, Block 3, as depicted on the Master Development Plan The <br />Developer must, at Developer's sole cost and expense, relocate the existing City water lines that <br />run from the City Well Site to Highway 116 from the existing utility easement into the new <br />utility easement to be created on the Master Final Plat <br />ARTICLE 6 <br />CITY PUBLIC IMPROVEMENTS --- GRADING <br />6 1 CITY PUBLIC IMPROVEMENTS GRADING The City must, at its expense, <br />final grade the public nghts-of-way underlying the City Roadway Improvements and, if the City <br />constructs improvements 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 within the timeframe set forth in this Master Agreement for the <br />City's completion of the City Roadway Improvements <br />ARTICLE 7 <br />CITY PUBLIC IMPROVEMENTS ---- CITY ROADWAY IMPROVEMENTS, <br />7 1 DESIGN The City will commence design of the City Roadway Improvements <br />upon the later of the Developer's satisfaction of the conditions described in Section 4 2 or <br />Octobei 31, 2003 The Developer has submitted proposed designs for the City Roadway <br />Improvements to the City, and the City will consider these proposed designs in the City's design <br />1555730v13 <br />18 <br />