Agenda - Council - 07/12/2016 - Laserfiche WebLink

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remedy is to commence an action in Anoka County District Court to enjoin any use of the City Hall Site which violates the restriction. 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 Developer is required to convey the City Hall Site to the City, based on a subsequent agreement between the City and the Developer; provided, in no event shall the City Hall Site, as so changed, have fewer square feet than that contained in the City Hall Site as of the date hereof. 5.2 CITY MAINTENANCE OF CITY HALL SITE. After grading the City 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 of improvements on the City Hall Site, the City must maintain the City Hall Site in a neat, clean and trimmed condition. 5.3 CITY'S EXISTING WELL SITE. The City currently owns the portion of the Subject Property legally described as the East 100.00 feet of the West 160.00 feet of the North 174.00 feet of the South 217.00 feet of the Southwest Quarter of the Northeast Quarter, Section 28, Township 32, Range 25, Anoka County, Minnesota (the "City Well Site"). A portion of the City Well Site is being replatted as Lot 1, Block 3 as shown on the Master Development Plan. The balance of the City Well Site is being platted as Outlot J as depicted on the Master Development Plan. Promptly upon the Developer's execution and recording of this Master Agreement, the City will commence 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 City's right, title and interest in and to the portion of the City Well Site not included within Lot 1, Block 3 as depicted on the Master Development Plan. During Developer's grading and construction activities on the Seller's Subject Property, 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 run from the City Well Site to Highway 116 from the existing utility easement into the new utility easement to be created on the Master Final Plat. ARTICLE 6 /1 PUBLIC IMPROVEMENTS — GRADING 6.1 CITY PUBLIC IMPROVEMENTS — GRADING. The City must, at its expense, final grade the public rights -of -way underlying the City Roadway Improvements and, if the City constricts improvements on the City Hall Site, the City Hall Site, as contemplated in the Master Grading Plan. The City must undertake and complete its grading activities associated with the City Roadway Improvements within the timeframe set forth in this Master Agreement for the City's completion of the City Roadway Improvements. ARTICLE 7 CITY PUBLIC IMPROVEMENTS — CITY ROADWAY IMPROVEMENTS 7.1 DESIGN. The City will commence design of the City Roadway Improvements upon the later of the Developer's satisfaction of the conditions described in Section 4.2 or October 31, 2003. The Developer has submitted proposed designs for the City Roadway Improvements to the City, and the City will consider these proposed designs in the City's design 1555730v13 18