Agenda - Council - 02/22/2005 - Laserfiche WebLink

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additional parking spaces either pu?suant to ah agreement with the Developer or in any other manner allowed by law. The .Parcel No. 1 Ramp and the Parcel No. 2 Ramp have been specifically designed to permit ;future exPansion, but the City has no obligation to expand the Parcel No. 1 Ramp or the Parcel:No. 2 Ramp. 3.8. Recital Eight.: Subdivision 6(h) of the Town Center District Ordinance contemplates a development agi:eement Between the City and the developer of property in the Town Center District which r~uircs the, owners of property in the Town Center District to assume financial responsibility for costs associated with the initial construction and continuing maintenance of any public parking facilities serving the Town Center District. The City will finance the initial construction oftheParking Improvements in part from special assessments the City has levied against the SubjeCt Property:pUrsuant to the Master Agreement. This Parking Improvement Use and Maintenance ~greeinent :provides for the payment of costs associated with the continuing maintenance of the parking: Impr°vements as contemplated in Subdivision 6(h) of the Town Center District Ordinance. 3.9. Recital Ni.~.e.. SubdiVision 6(h) of the Town Center District Ordinance provides that costs associated with the continuing maintenance of the public parking facilities will be allocated among prope~Jes the pU~blic parking facilities serve based on each property's parking needs. For purposes of tl~s Agreement; the term "Parcel" means each platted lot, platted outlot, registered land :survey tract and common interest community unit, within the Parking District and any portion of any platted lot, Platted outlot or registered land survey tract within the Parking District that has been subdividbd Using a metes and bounds legal description in accordance with the requirements of the City's subdivision ordinance. The Parking Plan allocates the available parking SpaCes in ,.the Parking Improvements among the Parcels in the Parking District including an allocation of; Parking spaces to Parcel No. 1 which represents the "park and ride" use of~ parking :,paces. The parking Plan also allocates to each Parcel in the Parking District a fractional sh~are of lifibilitY'for the costs associated with the continuing maintenance of the Parking Iml~mv¢ment~s. The fractional share of liability assigned to each Parcel is based on the relationshlp betWeen~ the number of parking spaces assigned to the Parcel and the total number of.parking spaceS in the Pa~'king Improvements. 3.10. P~ecital Tea. This Agreement obligates the owner of each Parcel in the Parking District to pay the City for costs the CitY has or will incur to maintain, repair and replace the Parking Improvemeiqts based On the fractional Share of liability assigned to that Parcel in the Parking Plan. : 3.11. R;ecital Elqv. en.~ This Agreement also grants the owner of each Parcel in the Parking District an a, ppurtenan/, non-exClusiVe easement to use the number of parking spaces in the Parking hnprovements that the Parking Plan allocates to that Parcel. 4. Declaration and,.G, rant oflEasement. The City hereby declares and grants a non-exclusive, appurtenant easement: ove~' ParCel No. 1 and Parcel No. 2 and the Parking Improvements the City constructs thei'eon for the benefit of each Parcel in the Parking District. The caselnent is intended to permit the owner each such Parcel, the owner's tenants and the owner's and owner's tenant's emPlOyees, cu~t0mers, agents, guests and invitees to use, on a first- come, first-served basis and in common With members of the public, the number of parking 1713529v5