Agenda - Council Work Session - 02/15/2005

Home

t8. 19. Document No. and the easements dedicated on the Master Final Plat and any other ~sements 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 loll'owing the date of the conveyance, the City may only use the City Hall and Parking Ramp Sites for pm'poses 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 ar 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 appm-tenant 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 amcndcdamending 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 Adrninistrator of the City of Rarnsey 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 follows: 5.4 PARKING IMPROVEMENT MAINTENANCE AGREEMENT. c4-m~, .................. ,.~ ~,,,.,.o dc',;cribed in Section ~. ~t, ,~,,,,.. c-;,,,~.~,.:, theThe C~tv. and Developer am'ee.. to negotiate, in good faith, a Parking improvement Maintenance Aareement that must be executed by the City= Developer and any h~terested Parties with any right, title or interest in or to any portion of the real estate located ~vithin the Core Area ,,~,,.,,~' ~..,~,,~' ...... "'",~ ~.'~ The execution version of the Parking Improvement Maintenance Agreement in.the ibrmshall be attached here:to as Ex!:iblt Pas an exhibit to a ihrther amendment of the Master Aayeement. The te~ms of the Parking Improvement Maintenance A~'eement shall constitute covenants running with .title to the real prope~y within the Core ~'ea for the benefit of the City Hall and Parking Ramp Sites. The Parking hnprovement Maintenance Agreement {~ggz~will obliaate the owners of prope~Xy within the Cor~ Area to pay the City certain amounts to fund the City's operation, maintenance and repair of the 1710652v2 6