Agenda - Council - 11/12/2013 - Laserfiche WebLink

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and the Developer must convey marketable title to the City Hall and Parking Ramp Sites to the City subject only to (a) the pending special assessments described in Section 7.6, 7.12, 7.16 and 9.2 of this Master Agreement, as amended; (b) the restriction set forth in the Declaration of Restrictive Covenant Regarding Banking or Financial Institutions Agreement dated September 24, 2003 and recorded in the office of the Anoka County Recorder and the Anoka County Registrar of Titles on September 26, 2003 as Document Nos. 1855389.0 and 446644.0, respectively. The City is taking title to the City Hall and Parking Ramp Sites subject to the restriction described in this subsection (b), but the City Council has advised the Developer that it is opposed to this restriction. (c) the easements dedicated on the Master Final Plat; and (d) the following restriction: For a period of 30 years following the date of the conveyance, the City may only use the City Hall and Parking Ramp Sites for purposes of a City Hall, a multi -modal transit station, one or more public parking ramps, one or more public parking lots or other parking facilities, or a combination of the above uses. The restriction will run in favor of the owners of property in the Core Area, and the benefits of the restriction are appurtenant to those parcels, but the restriction must provide that it may be amended or released with the written consent of the owners of a majority of the tax parcels within the Core Area. The restrictions shall further provide that a document amending or releasing a restriction need not be signed and acknowledged by a majority of the owners of the tax parcels, but, may include, in lieu thereof, an affidavit of the City Administrator of the City of Ramsey certifying that the City of Ramsey has obtained the written approval of the owners of a majority of the tax parcels in the Core Area approving such amendment or release. Said affidavit shall be prima facie evidence of the facts set forth therein. The restriction must provide that in the event of a breach of the restriction the benefited parties' sole remedy is to commence an action in Anoka County District Court to enjoin any use of the City Hall and Parking Ramp Sites which violates the restriction. 18. Section 5.2 of the Master Agreement is amended by replacing the six (6) references to the "City Hall Site" therein with the phrase "City Hall and Parking Ramp Sites." 19. The Master Agreement is hereby amended by adding a new Section 5.4 which reads as follows: 5.4 PARKING IMPROVEMENT MAINTENANCE AGREEMENT. Contemporaneously with the execution of this First Amendment and the conveyances described in Section 5.1, the City, the Developer and various other 6