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,I .',' ~", completed and recorded. No construction activities will occur between December 1, 1995, and January 31, 1996. The ACRRA shall notify the Council and Northtown in writing when the Transit Hub Improvements are substantially completed pursuant to the material provisions of the approved Plans, which notice shall designate the date of such substantial completion herein referred to as the t'Transit Commencement Date". The ACRRA agrees that the construction will be conducted in a manner that will maintain reasonable access to the Mall and circulation around the Mall throughout the construction period, so as not to unreasonably disrupt the routine conduct of business in and around the Mall. 2.4 Conditions PreceJient to Construction. The parties understand and agree that a portion of the Transit Hub Improvements will be constructed on a portion of the existing University Avenue N.E. between 85th Avenue N.E. and 86th Avenue N.E. The parties acknowledge that the following are conditions precedent to construction of the Transit Hub Improvements: i) the ACRRA must have received unrestricted fee title to Lot 1, Block 3, Muir~s N orthtown Addition, City of Blaine, Anoka County, Minnesota; ii) the County of Anoka must, at its sole cost, have revoked the county road status of the portion of University Avenue; iii) the City of Blaine must, at its sole cost, have vacated the portion of University Avenue; iv) fee title to that portion of the vacated University Avenue N.R that is adjacent to property owned by Northtown has vested in Northtown pursuant to Minn. Stat. ~ 163.11; and v) fee title to that portion of the vacated University Avenue N.E. that is adjacent to Lot 1, Block 3, Muir's Northtown Addition has vested in the ACRRA or its successor pursuant to Mirm. Stat. ~ 163.11. 2.5 Vacation. Upon its receipt of the unrestricted deed to Lot 1, Block 3, Muir's Northtown Addition, the ACRRA agrees to request the Anoka County Board of Commissioners to revoke the county road status of the portion of University Avenue to be vacated and further agrees to request the City of Blaine to vacate the portion of University Avenue to be vacated. The revocation and vacation of University Avenue will be undertaken in accordance with Minn. Stat. ~ 163.11. The parties to this Agreement waive any right to damages resulting from the vacation of University Avenue that they may be entitled to under Minn. Stat. ~ 163.11, subdivision 5, or any other provision of law. 2.6 Ownership. Notwithstanding payment therefor with funds provided by the ACRRA, the Council, or the RTB, the Transit Hub Improvements shall be and remain the property of the Parcel upon which they are located. The ACRRA agrees to execute and deliver, upon the request of the Owner of the Northtown Parcel, a quit -5- 9 'd IZVS'oN A30 ~~08 3NIVl8 Al18 ~V69:11 [OOZ 'OS'^ON