Agenda - Council Work Session - 02/01/2005

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18. 19. Document No. and the easements dedicated on the Master Final Plat and any other easements the City determines will not adversely affect the City's intended use of the City Hall and Parking Ramp Sites; and (c) the following restrictions: 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 (which public ramps may include so called "liner" spaces which the City may sell or lease to retail or other commercial users), 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 a.",~endedamendi,ag 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. 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." The Master Agreement is hereby amended by adding a new Section 5.4 which reads as follo~vs: 5.4 PARKING IMPROVEMENT MAINTENANCE AGREEMENT. eemveyaace:; dc:xzribcd ;'~ Sccti~m 5. t,. the City, [!~aThe City and Developer .agree to negotiate, in .good faith, a Parking Improvement Maintenance A~reement that must be executed by the Citv~ Developer and any interested Parties with any right, title or interest in or to auy portion of the real estate located within the Core Area ~ .............. c~. The execution version of the Parking hnprovement Maintenance ............. shall be attached M .... ~"~';~;' Pas an exhibit to a Agreement iUrther amendment of the Master Agreement. The te~s of the Parking hnprovement Maintenance Agreement shall constitute covenants miming with .title to the real-propeNy within the Core Area for the benefit of the City Hall and Parking Ramp Sites. The Parking Improvement Maintenance Agreement <~ ..... ~ ~11 ob'liaate the owners ofprope~y within the Cor~ Area to pay the City certain amounts to Rtnd the City's operation, maintenance and repair of the -12- 1710652v2 6