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CASE # I <br />MASTER DECLARATION / SPECIAL SERVICES DISTRICT <br />By: Darren Lazan, Development Manager <br />BACKGROUND: <br />Over the past several months, the development team has worked with the city's counsel and <br />other property owners in The COR to understand the current disposition of the existing Master <br />Declaration covering much of The COR property. A Master Declaration is essentially an <br />association for the subject properties that lays out certain controls and functions to be performed <br />by the association towards the benefit of the members. <br />The existing Master Declaration was established by Ramsey Town Center LLC, and has <br />essentially been relatively dormant for the last several years. To assure clear title for not only the <br />HRA properties, but also for the other property owners in the development, it is essential that this <br />matter be addressed by the effected property owners and some resolution be reached that allows <br />the project to develop without this encumbrance. <br />As The COR has been envisioned, there is the potential need for a layer of control, provision of <br />services, and assessment of certain costs not normally attributed to the role of the City, or the <br />HRA. Two potential options to fill this function could be either an amended Master Declaration, <br />or a Special Services District. Our counsel familiar with the issue will present the detailed <br />advantages and challenges of both for your consideration. <br />Regardless of the method selected, there is a scope of services that can be characterized as above <br />and beyond that which is normally provided by a city, but not necessarily able to be performed <br />by private property owners within The COR. For the purposes of discussion, the development <br />team has reviewed several example REA/OEA/CCR documents and prepared a summary of the <br />services typically provided in a project similar to The COR, that should be considered as we <br />develop a potential scope for the new entity to perform. This scope will be further refined and <br />discussed with the other effected property owners prior to being presented back to you in final <br />form. <br />DEVELOPMENT TEAM RECOMMENDATION: <br />The Development Team recommends the HRA consider the following: <br />1. As the current developers, which vehicle provides the best solution to providing the <br />services we would like to provide as the project develops? <br />2. What would be an appropriate boundary for the members of this entity? <br />3. What would be an appropriate cost allocation method for the member Properties? <br />4. What would be an appropriate scope of services and controls for this entity? <br />If this discussion produces clear answers, direct the development team to continue their efforts in <br />resolving the current organizational issues and work with the effected property owners to <br />structure the desired entity to assume those roles. <br />