Maguire/Thomas Partners Fifth & Grand, Ltd., Maguire/Thomas Partners Grand Place Tower, Ltd., Tax Matters Partner - Page 25

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          and Fifth & Grand obtained.  Without Ordinance No. 159802 and               
          the MTP Designated Building Site, CRA could not have permitted              
          by variation MTP’s development of Library Tower and Grand Place             
          Tower.  This ordinance and the MTP Designated Building Site                 
          effected a zoning change which (1) treated the five Library                 
          Square tract parcels as a single building site in order to                  
          comply with the City Charter’s 13-to-1 building density                     
          limitation,, and (2) provided a mechanism whereby the unused                
          building density of the Central Library and Garage Plaza parcels            
          could be used for the Library Tower and Grand Place Tower                   
          parcels.                                                                    
               Unlike the Library Tower and Grand Place Tower variations,             
          the zoning change made by Ordinance No. 159802 and the MTP                  
          Designated Building Site produced benefits of an indefinite and             
          undeterminable duration.  Neither Ordinance No. 159802 nor the              
          other operative documents for the MTP Designated Building Site              
          set a time limit on the duration of the MTP Designated Building             
          Site.  Ordinance No. 159802 provides only that the terms,                   
          limitations, and controls with respect to a designated building             
          site established pursuant to that ordinance, as determined by               
          the City Council, be placed into covenants running with the land            
          recorded against each parcel within such designated building                
          site.  The covenants running with the land that the City,                   
          Library Square, Fifth & Grand, and another entity related to MTP            






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Last modified: May 25, 2011