CCP 01-13-2009 (2) - Laserfiche WebLink

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04r (b) If and when the City acquires title to Parcel C: (i) the City will terminate the ground lease between MT Properties, Inc. as landlord and Clear Channel Communications, Inc. as tenant relating to a billboard located within the Butcher's Spur and adjacent to I -35W, and (ii) the City will remove the billboard by September 1, 2008. The City shall coordinate with MT Properties, Inc. and Xcel Energy to bury the overhead electrical line that serves the billboard. The City will use its best efforts to cause Xcel Energy to bury the line by November 1, 2007 and the City shall bear the cost of that work. (c) The City will work cooperatively with the Redeveloper to accommodate a proposed skyway across the Ring Road to connect the office buildings to be constructed on the Redevelopment Property and proposed to be constructed on the Option Property. A concept plan showing the skyway connection between the Redevelopment Property and the Option Property is attached as Exhibit K. The City Engineer shall have final approval of the skyway design to ensure proper clearances using MnDOT guidelines. Section 5.5. Construction of Site Improvements. The Redeveloper shall construct and pay for all Site Improvements described on Exhibit G on the Redevelopment Property in accordance with .grading, drainage and other plans approved by the City and any other required governmental authority. Before performing such work, the Redeveloper shall furnish to the City any security required by City ordinance and evidence that the Redeveloper has obtained any required governmental approvals. 9 Section 5.6. Storm Water Pond. (a) The City will retain ownership of Parcel B-2 shown on Exhibit A and on which the storm water pond will be constructed. Storm water ponding required for the Redevelopment Property and the Option Property shall be designed by the City in accordance with the storm water management plan contained in the Permit Application submitted to the Rice Creek Watershed District referenced below. (b) The City has secured a stoimwater easement from M T Properties, Inc., the current owner of Parcel C, for construction, operation and maintenance of a storm water pipe connecting the Redevelopment Property with the storm water pond. The Redeveloper or one of its affiliates has obtained a temporary access permit from M T Properties, Inc. that allows the Redeveloper to access a portion of Parcel C for the purpose of constructing the storm water pipe and Minimum Improvements. (c) As soon as possible, the City shall prepare and obtain approval from the MPCA VIC Program of a plan for complete removal of any dump material and debris and any impacted materials from Parcel B-2. To enable the Redeveloper to timely construct the storm water pond, the City shall, on or before October 10, 2007, complete all actions required by such approved plan and obtain and deliver to the Redeveloper a letter from the City's environmental consultant stating that the City has completed the requirements of such approved plan. As soon after October 8, 2007 as is commercially reasonable, the City shall obtain and deliver to the Redeveloper a letter from the MPCA VIC Program confirming that the City has completed the 21