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<br />5) Any clean fill to be left over from any 'City' excavation <br />project in 1983, 1984, or 1985, and not needed by 'City' shall be offered, <br />without charge, to 'Houlton' for the purpose of providing fill to its <br />remaining property adjacent to said park area. <br /> <br />e <br /> <br />6) Pursuant to Document filed with the Sherburne County Recorder <br />as No. 129894, .the 'City' did reserve future roadway rights over the <br />land described in Exhibits "A" through "0" and other adjacent property. <br />At such time as 'City' has laid out its plan for roadways within said <br />park area, 'City' shall vacate those other reserved right-of-ways, <br />described in said recorded document. <br /> <br />7) In developing present and future plans for the development of <br />said park area it is recognized that said park plans will have an effect <br />upon the adjoining property to be retained by 'Houlton'. In order to <br />insure that such an effect is not harmful to the best utilization of said <br />retained land it is agreed that the City will exercise its best efforts <br />to design the park in a manner so that the park is aesthetically com- <br />patible with adjoining lands and that 'Houlton' shall retain the right <br />to review and comment on the design plans of said park, and that all <br />park designs shall be coordinated with the proposed.im9rovements and <br />uses of said retained 'Houlton' land. <br /> <br />8) City hereby acknowledges the existence of a storm sewer drainage <br />outlet located within the storm water drainage easement reservation <br />described on the attached Exhibit "E", and City hereby agrees that <br />'Houlton' has no duty to maintain said storm water drain. <br /> <br />9) If City fails to abide by any of the clauses in this agreement, ~ <br />'Houlton' may elect to treat this agreement null and void and shall not ~ <br />be required then to consumate any gift not at such time completed. <br /> <br />10) City agrees that the gifts herein contemplated satisfy any <br />and all requirements of the City of Elk River for park dedication or <br />green area dedication for the development of the said land presently <br />retained by 'Houlton' and adjacent to Exhibit "B" property. <br /> <br /> Dated this day of 1983. <br />HOULTON INVESTMENT COMPANY THE CITY OF ELK RIVER <br />By: By: <br />K. S. Houlton <br />Its: President Its: Mayor <br /> ATTESTED BY: <br /> <br />City Administrator <br /> <br />e <br />