Agenda Packets - 2011/10/10 - Laserfiche WebLink

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381190v4 MU210-179 2 NOW THEREFORE, the Permitee and the City agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals set forth above are incorporated herein and made a part of this Agreement. 2. Use of the Parking Areas. The City does hereby permit the Permitee to use the Parking Areas for the purposes of parking of vehicles for residents of the Parcels and their invitees in exchange for the Permitee’s covenants and promises contained herein. Such permission and continued use of the Parking Areas shall not be construed to constitute an abandonment of or intent by the City to abandon the Parking Areas or any portion of the Rights-of- Way. Such permission and continued use of the Parking Areas shall be subject to the City’s sole discretion. 3. Description of the Improvements to the Parking Areas: a. Jackson Parking Area. The improvements to the Jackson Parking Area consist of removing the pavement and curbing in the area, grading and compacting the existing aggregate base course, and constructing the area with concrete pavement. A concrete curb and gutter will be installed around the perimeter of the parking area with the exception of the area where the parking area adjoins the travel lanes of Jackson Drive. In that area, a ribbon curb (valley gutter) will be installed. The parking area will be striped to allow for 60 degree angle parking. Turf restoration will also be performed if deemed necessary by the City. A depiction of these improvements is shown on the attached Exhibit C. Construction for these improvements will be performed by the City’s contractor except construction of the concrete pavement, which will be performed by the Permitee’s contractor to City standards. b. Groberg Parking Area. The pavement in the Groberg Parking Area will not be reconstructed during the reconstruction of Groberg Street. A ribbon curb will be constructed on the edge of the travel lane (where the curb and gutter typically are) and the existing pavement used for the Groberg Parking Area will be patched as required for street reconstruction with similar material as currently exists. The Groberg Parking Area will not be striped, however Permitee acknowledges that angle parking may be required by the City in order to keep vehicles from blocking the adjacent street. Turf restoration will be performed if deemed necessary by the City. 4. Payment. The Permitee agrees to pay the City’s legal costs incurred in preparing this Agreement ($1,813) and in constructing the improvements to the Jackson Parking Area listed above performed by City’s contractor, with the exception of the costs of constructing the ribbon curb and turf restoration costs, which will be paid by the City. The City will pay the construction costs associated with the improvements to the Groberg Parking Area. The Permitee also agrees to pay a percentage of the City’s design, legal and administrative costs that are associated with the Project. The Permitee’s percentage of these costs will be calculated by determining what