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

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19. Addlti°nai Par~lng imProVements. At any time and from time to time and without the consent of~he Parcel owners, except ~as provided in Section 19.2 below, the City may amend this Agreement to include expans!ons of the Parking Improvements, additional parking ramps in the Parking District or sUrface parking lots in the Parking District (collectively, "Future Parking hnprovements") in th6. definitiSn of the Parking Improvements and may adopt a corresponding amendment to the Parking Plan Provided that: 19.1. The City also amends the Parking Plan to allocate the parking spaces in the Future Parking Improvements among' Parcels in the Parking District, as the same may be redefined pursuant to Section 1:8 abOve, land to amend the Allocated Share of each Parcel to reflect the number of parking SPaces iallocated t° that Parcel by the amendment and to reflect the increasc in the total number of parking spa.~es :in the Parking Improvements; and 19.2. The owner of each !Parcel to which the amended Parking Plan allocates additional parking spaces conser~ts in :writihg to the amendment. 20. Transfers. Whenever a itransfer occurs in the ownership of a Parcel, the transferor has no liability for .defaults ,Under this Agreement occun'ing after the date the instrument of transfer is recorded in the Anoka County land records, but the transferee is liable for defimlts occurring prior to thedate of the transfer except to the extent the City is barred from asserting a claim against the transferee as a reSult of an estoppel certificate the City has provided pursuant to Section 21 below. 21. Estoppe, i CertifiCatesi Upon the written request of a Parcel owner, the City will provide the Parcel owner and an~ prOspectiVe.pUrchaser from or lender to the Parcel owner with an estoppel certificate stating, to! the best Of the City's actual knowledge, that this Agreement is in full rome and effect, that this Agreement has not been modified or amended except as described in the estoppel certificate and that the Parcel owner requesting the certificate is not in default in the payment of any amounts due under this Agreement or if such a default exists, the amount in default. ~ 22. Easemegts and ~oven, ants t° RUn With Title. The benefits and the burdens of the easements and the Covenants in this ~greement run with title to each Parcel in the Parking District and inure to the benefit of and are binding on the Parcel owners and their respective heirs, personal representatives, and Successars in title. 1713529v5 9