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<br /><' <br /> <br />..". ... .~ <br /> <br />" <br /> <br />WHEREAS, the parties desire to memorialize their agreement concerning certain <br />covenants, conditions, and restrictions which concern the construction, use, operation, <br />repair; and removal of the transit hub and park and ride facility, <br /> <br />NOW, THEREFORE, in consideration of the foregoing, and for ather valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged, the ACRRA, <br />t,lie Council, and Northtown agree as follows: <br /> <br />ARTICLE I <br />DEFINITIONS <br /> <br />In addition to the words and phrases defined in the foregoing recitals and <br />provisions, the following words and phrases shall have the following meanings, unless the <br />context clearly provides otherwise: <br /> <br />1.1 Definitions. <br /> <br />(a) flBus ShelterSfl shall mean those structures located on the transit <br />islands as shown on the Site Plan, providing enclosed waiting areas for transit <br />passengers. <br /> <br />(b) "Grculation Area" shall mean the roadway immediately <br />surrounding the two transit islands as shown on the Site Plan, <br />which is reserved for the exclusive use of public transit vehicles <br />and which includes those areas for the exclusive 'Use of public <br />transit vehicles for the purposes of waiting and passenger pick- <br />up and drop-off. <br /> <br />(c) "Council Parcell1 shall mean that real property owned by the ACRRA <br />or its successor that is legally described in Exhibit A, attached to and <br />incorporated in this Agreement, and depicted as the "Metropolitan Council <br />Parcelfl on the schematic attached to and incorporated in this Agreement as <br />Exhibit D, and which will be conveyed to the Council by the ACRRA. <br /> <br />(d) "Demolition Completion Date" shall be defined in the <br />manner set forth in Section 7.3 hereof. <br /> <br />(e) "Mall Property" shall refer to the real property legally described as <br />Lots 5, 6, and 7, Block 2, Muir's Northtown Addition, Anoka County, <br />Minnesota. <br /> <br />(t) "Northtown" shall refer to the Owner of the Mall Property. <br /> <br />(g) "Northtown Parcell1 shall mean that real property that is <br />legally described in Exhibit B, attached to and incorporated in <br />this Agreement, and depicted as the tlNorthtown Parcellt on the <br /> <br />-2- <br /> <br />E 'd 12v6'oN <br /> <br />^30 ~~OJ 3NIVl8 AllJ <br /> <br />~V89:ll 1002 'OE'^ON <br />