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<br />convey the portion now in private ownership within the same time limit, <br />or as soon thereafter as may be possible. <br /> <br />The Foundation reserves the right to relieve the City of its obligations with <br />respect to the Arena site, and relocate the Arena project to another site if, <br />in the judgment of the Foundation, it becomes apparent that the City will <br />be unable to convey the entire site within two years after the date of this <br />agreement, or geotechnical conditions on the site add unreasonably to the <br />expense of construction. If the Arena Project is moved to another site that <br />is not in the City of Martinsville, the Foundation will reimburse the city <br />for its expenses incurred under this agreement for demolition and site <br />clearance, geotechnical testing and environmental assessments~ This <br />reimbursement shall, however, be void, if the City fails diligently to <br />pursue its best efforts to acquire and prepare the entire affected site within <br />the time frame contemplated by this Memorandum. <br /> <br />C. Utilities. The City will bring electric power and city water and sewer <br />connections to the property boundary of the site and waive all fees for <br />connecting the Arena to such utilities, except for the cost of any <br />transformers required for the electrical service. <br /> <br />D. Permit Fees. To the extent permitted by law, the City will waive any fees <br />for permits and inspections required for construction of the Arena. <br /> <br />E. Compo Plan Review and Zonin2:. The City will promptly initiate and <br />complete the process of declaring the location of the Arena on the site to <br />be substantially in accord with the City's comprehensive plan, as required <br />by'Va. Code S 15.2-2232, Before conveying the Arena site to the <br />Authority the City will provide a letter from the City zoning administrator <br />saying that the Arena may be conducted on the site as a matter of right, <br />without any need for a rezoning or special use permit. <br /> <br />F. Usa2:e A2:reement. The City agrees, upon completion of the Arena, to <br />contract with the Authority for use of at least 25% of the lesser ofthe <br />Arena's: (a) annual usage fees charged for the facility, or (b) actual <br />operating expenses; excluding depreciation, which may be subject to an <br />independent audit review, should the City so desire. The Authority shall <br />allocate to the City, and the City shall allocate, 25% of the available usage <br />time to City, public school sports or recreation programs. City Council <br />agrees to direct the City Manager to annually include in his recommended <br />budget sufficient funding for this contractual commitment, and to request <br />the City School Board and Superintendent to do the same. <br /> <br />G. Parkin2:. As of the date of this agreement, the City will make all City-owned <br />surfaces parking on city streets and lots surrounding the Arena, as they <br />currently exist, available for events at the Arena without charge. <br /> <br />3 <br /> <br />.----"--".-'-.,-..,-.---_."~_.4<"~.~____._~.,,.~_____.>_","_ <br />