Agenda - Council - 11/12/2013 - Laserfiche WebLink

Home

liability company is defined as the "Developer" under the Master Development Agreement and defined as the "Master Developer" under this Development Contract. E. Secondary Developer, City and the Master Developer are negotiating an Allocation Agreement that will allocate certain rights and obligations under the Master Development Agreement ("Allocation Agreement"). F. City has given final approval of the Plat on October 12, 2004 subject to compliance by Secondary Developer with certain City requirements including, but not limited to, matters set forth in this Development Contract and the Allocation Agreement, and applicable provisions of City Code. G. City has given final approval of the site plan for the development of the proposed Lot 1 contained in the Final Plans (as defined below) on October 12, 2004 for the grocery building, corner retail building and gateway building, and anticipates approving the pond building in accordance with the Final Plans on January 11, 2005 for the pond building, subject to compliance by Secondary Developer with certain City requirements including, but not limited to, matters set forth in this Development Contract and the Allocation Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Ramsey Town Center Master Development Agreement. a. The terms and conditions of the Master Development Agreement are incorporated herein by reference as if fully set forth at this point. Secondary Developer further acknowledges, by execution of this Development Contract, receipt of a copy of the Master Development Agreement. In the event of a conflict between the terms of this Development Contract and the terns of the Master Development Agreement, the Master Development Agreement shall control; except that the Development Contract shall control with respect to the one-time sanitary sewer and water connection charges and storm sewer trunk charges of the City. b. Secondary Developer in this Development Contract is defined as a "Secondary Developer" within the Master Development Agreement, Unless specifically agreed to in this Development Contract, the Secondary Developer is not liable for any obligations of the "Developer" as defined in the Master Development Agreement or the Master Developer as defined this Development Contract. c. The City represents that as of the date hereof, the City has not given the Master Developer any Formal Notice of default pursuant to Section 15.1 of the Master Development Agreement. 2. Development Plans. The Secondary Developer shall develop the proposed Lot 1 in accordance with the plans for the Ramsey Town Center 3rd Addition, Ramsey, Minnesota, Ramsey Town Center 3rd Addition Development Contract Page 2 of 17 Pages