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Houlton Park Gift Agreement <br />Page Two <br /> <br />during 1985 or the year in which the said retained property is developed by <br />'Houlton', its successors or assigns, whichever is later. <br /> <br /> 6) Any clean fill to be left over from any 'City' excavation project <br />in 1983, 1984, or 1985, and not needed by 'City' shall be offered, without charge, <br />to 'Houlton' for the purpose of porviding fill to its remaining property adjacent <br />to said park area. <br /> <br /> 7) Pursuant to Document filed with the Sherburne County Recorder as No. <br />129894, the 'City' did reserve future roadway rights over the land described in <br />Exhibits "A" through "D" and other adjacent property. At such time as 'City' has <br />laid out its plan for roadways within said park area, 'City' shall vacate those <br />other reserved right-of-ways, described in said recorded document. <br /> <br /> 8) In developing present and future plans for the development of said park <br />area it is recognized that said park plans will have an effect upon the adjoining <br />property to be retained by 'Houlton'. In order to insure that such an effect is <br />not harmful to the best utilization of said retained land it is agreed that the <br />City will exercise its best efforts to design the park in a manner so that the <br />park is aesthetically compatible with adjoining lands and that 'Houlton' shall re- <br />tain the right to review and comment on the design plans of said park so as to <br />aid the coordination of the improvements to both sites. <br /> <br /> 9) City hereby acknowledges the existence of a storm sewer drainage outlet <br />located Within the storm water drainage easement reservation described on the <br />attached Exhibit "E", and City hereby agrees that 'Houlton' has no duty to maintain <br />said storm water drain. <br /> <br /> 10) If City fails to abide by any of the clauses in this agreement, 'Houlton' <br />may elect to treat this agreement null and void and shall not be required then to <br />consumate any gift not at such time completed. <br /> <br /> 11) City agrees that the gifts herein contemplated satisfy any and all re- <br />quirements of the City of Elk River for park dedication or green area dedication <br />for the development of the said land presently retained by 'Houlton' and adjacent <br />to Exhibit "B" property. <br /> <br /> Dated this day of <br />HOULTON INVESTMENT ~Y <br /> <br />Its: Mayor <br /> <br />ATTESTED BY: <br /> <br /> City Administrator <br /> <br /> <br />