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

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16 11 LIMITATION ON DEVELOPER'S CONSTRUCTION OBLIGATIONS, Notwithstanding anything contained in this Master Agreement to the contrary, the only obligations of Ramsey Town Center LLC with respect to the actual construction of the RTC Project are to (i) construct the Developer Public Improvements descnbed in Articles 10 and 11, (n) provide the security iequired by this Master Agreement with respect to the Developer Public Improvements, and (iu) use its best efforts to enter into agreements with Secondary Developers reasonably acceptable to the City to construct the portions of the RTC Project within the Phases 16 12 PROPRIETARY RIGHTS The City acknowledges that Ramsey Town Center LLC has and will invest significant amounts in the preparation of plans, surveys, drawings and other information relating to the proposed RTC Project (collectively the "Information") The City agiees that Ramsey Town Center LLC is the sole owner of any Information the Developer prepares or pays a third party to prepare and has the sole right to sell such Information to third parties Notwithstanding the foregoing, the Developer agrees that from and after the date the Developer provides the City Public Improvements design identified in Section 7 2 to the City, the City may use such materials in any manner the City deems appropriate The Developer further acknowledges that to the extent information the Developer provides to the City is subject to the Minnesota Data Practices Act, the City must comply with the provisions of the Act 16 13 EASEMENT RELOCATION If the City requires that the Developer grant easements to the City pursuant to the teuiis of this Master Agreement or otherwise and the lines or infrastructure to be located within an easement area are actually located outside the easement area, the City agiees to enter into amendments to the easements to relocate the easement area to coincide with the actual location of the lines or infrastructure 16 14 DEVELOPER'S WARRANTY The Developer warrants to the City that, for a penod of one year from the date the City accepts the Developer Public Improvements, the Developer Public Improvements will be free from defects caused by faulty workmanship or defective materials 1555730v13 42