Agenda - Economic Development Authority - 12/01/2003

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remedy is to corrm2ence an action in .<noka County District Court to enjoin any use of the City Hall Site which violates the resr~-dction, The City and the Developer acknowledge that the precise location and configuration of the City. Hall Site may change between the date hereof and the date of Devel'oper is required to convey the City Hail Site to the City, based on a subsequent agreement between the City.. and the Developer; provided, m no event shall the City Hail'Site, as so changed, have fewer square feet than that contained in the City Hall Site as of the date hereof, 5.2 CI 2'/'~F ivL~.INrTENANCE OF CITY F~kLL SITE. After ~ading the CiD' Hall Site pursuant to the Master Grading Plan, the City must seed the City Hall Site as required under-the Master Grading Plan. Between the date the,Developer conveys the City Hall Site to the City and the date the City commences construction o~'improvements on the City. Hail Site, the City must maintain the City Hall Site in. a neat, clean and trimmed condition. 5.3 C~Y*S EXISTENG W-ELL SITE. The City currently owns the portion of the Subject Property.. legally descffbed as the East 100.00 feet of the W'est 160.00 feet of the North 174.00 feet of the South 2 t 7.00 feet of the Southwest Quarter of the Northeast Quarter, Section 28, Township 32, Range 25, Anoka Counry, Minnesota (the "City Well Site"). A portion of the City Well Site is being replarted as Lot 1, Block 3 as shown on the Master Development Plan.. The balance of the City. Well Site is being platted as Outlot I as depicted on the Master Development Plan. Promptly upon the Developer's execution and recording of this Master Ageement, the City will :ommence the process required under its charter to authorize the City to quitclaim Outlot J to the Developer for the purpose of conveying to the Developer all of the Ci~'s r'/_?_ht, title and interest in and to the portion of the City Well Site not included within Lot 1, Block 3 as depicted on the M~ter Development Plan. During Developer's yading and construction activities on the Seller's Subject PropeXy, Developer must maintain a method of reasonable access to Lot 1, Block 3, as depicted on'the Master Development Plan. The Developer must, at Developer's sole cost and expense, relocate the existing City water lines that mn from the Ci~ Well Site to Hig_hway i 16 from the existing utility, easement into the new utility easement to be created on tlne Master Finat Plat. AR. ICL~. 6 CITY PL~LIC L-MnPROVEMENTS - GR_AD'IlN'G 6.1 CITY PUBLIC 2-7/iPROVEMENTS - GP~DENG. The CiD' must, at its expense, fina! Fade the public fights-of-way underlying the City Roadway Improvements and, if the City constructs improvements on the City Halt Site, the City Hall Site, as contemplated in the Master Grading Plan. The City must undertake and complete its ~ading activities associated with the City Roadway Lmprovements within the timeframe set forth in this Master A~eement for the City's completion of the City Roadway Improvements. ARTICLE 7 CITY PL~L!C ~vIPROVEMENTS - CITY ROADWAY EvPR0¥I~NTS 7. i DESIGN. The City will commence deSi~zn of the City Roadway Improvements upon the later of the Developer's satisfaction of the conditions desc~bed in Section 4.2 or October 3i, 2003. The Developer has submirted proposed designs for the City Roadway Improvements to the City., and the City will consider these proposed designs in the CiD,'s desi~