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

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Block I and Outlot A, RAMSEY TOWN CENTER 4TH ADDITION, all in Anoka County, Minnesota. 11. Section 3.2(c) is hereby added to the Master Agreement to read as follows: 3.2 REPRESENTATIONS AND WARRANTIES OF THE DEVELOPER. The Developer represents and warrants to the City: (c) That the Developer holds fee title to all of the Unsold Subject Property except Outlot I, RAMSEY TOWN CENTER ADDITION, Anoka County, Minnesota, and except that part of Outlot W, RAMSEY TOWN CENTER ADDITION, Anoka County, Minnesota legally described on the attached Exhibit O. That, to the best of the Developer's actual knowledge, Ramdance owns Outlot I, RAMSEY TOWN CENTER ADDITION, Anoka County, Minnesota, and, to the best of the Developer's actual knowledge, PSD owns that part of Outlot W, RAMSEY TOWN CENTER ADDITION, Anoka County, Minnesota described on the attached Exhibit O. To the best of the Developer's actual knowledge, no persons or entities other than the Interested Parties have any recorded or unrecorded right, title, or interest in the Unsold Subject Property except as set forth on Exhibit P. 12. Section 4.3 of the Master Agreement is hereby amended to read as follows: 4.3 APPROVAL OF FINAL PLANS FOR A PHASE. The RTC Project will be developed in Phases. Except as provided in Section 4.4, no Development may occur on a Phase until a Secondary Developer has submitted a proposed Preliminary Plat and Proposed Final Plans for the Phase to the City in accordance with the RTC Controls, and the Council has approved the Preliminary Plat and Final Plans for that Phase in accordance with the RTC Controls. The Council will not approve the Final Plans for a Phase unless: (a) the Public Improvements the Street and Utility Phasing Plan indicates will be constructed in connection with the portion of the Subject Property that includes the Phase are constructed; or (b) the Council is satisfied, in its sole and absolute discretion, that such Public Improvements will be constructed prior to the completion of that Phase pursuant to the terms of this Master Agreement or the Secondary Development Agreement for that Phase. The Council also will not approve the Final Plans for a Phase unless: (a) the Developer has graded the portion of the Subject Property within that Phase in accordance with the Master Grading Plan and has constructed the portions of the Stormwater Management System either located on or serving the portion of the Subject Property within that Phase pursuant to the Storm Sewer Phase Plan Exhibit; or (b) the Council is satisfied, in its sole and absolute discretion, that such grading will be completed and such components of the Stormwater Management System will be constructed, prior to the completion of that Phase pursuant to the terms of this Master Agreement 3 1