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

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Improvements described on Exhibit Q on or before June 1, 2005, and substantially complete the portion of the City Phase II Roadway Improvements described on or before August 31, 2005. The City will install the final lift on the portion of the City Phase II Roadway Improvements described on Exhibit Q on or before June I, 2006. The City will commence the construction of the balance of the City Phase II Roadway Improvements in one or more subphases. Within ninety (90) days after the Developer or a successor or assignee of the Developer records or files a Final Plat for a Phase, the City will commence construction of the City Phase II Roadway Improvements, if any, necessary for the development of that Phase; provided, however, if the Developer or a successor or assignee of the Developer records or files a Final Plat before May 15 of a year, the City is not obligated to commence construction of the City Phase II Roadway Improvements, if any, necessary for the development of that Phase until May 15tt, of that year and if the Developer or a successor or assignee of the Developer records or files a Final Plat for a Phase after July 15th of any year, the City is not obligated to commence construction of the City Phase II Roadway Improvements, if any, necessary for the development of that Phase until May 15th of the following calendar year. Notwithstanding anything to the contrary herein, before the City is obligated to commence construction of the City Phase II Roadway Improvements (other than the City Phase II Roadway Improvements described on Exhibit Q which the City will commence and complete as set forth above), the Developer must dedicate the 100 foot wide rights of way for the City Phase II Roadway Improvements located north of Bunker Lake Road. Subject to Force Majeure, the City must substantially complete construction of each subphase of the City Phase II Roadway Improvements within 6 months of the date the City commences that subphase of City Phase II Roadway Improvements pursuant to this Section 7.9 (the "City Phase II Roadway Improvements Substantial Completion Date"). The City must install the final lift for each subphase of the City Phase II Roadway Improvements on or before June 1st of the year following the year in which the City Phase II Roadway Improvements Substantial Completion Date occurs for that subphase of the City Phase II Roadway Improvements. Upon completion of the City's Phase II Roadway Improvements, the City Phase II Roadway Improvements will constitute public streets and will be maintained by the City as public streets. 29. Subsequent to Section 32, Section 7.11 of the Master Development Agreement is hereby deleted in its entirety and replaced with the following: INTENTIONALLY OMITTED. 30. Subject to Section 32, Section 7.12 of the Master Development Agreement is hereby amended to read as follows: 7.12 ASSESSMENT AGREEMENT FOR CITY PHASE II ROADWAY IMPROVEMENTS. Minnesota Statutes, Chapter 429, the 10