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Councilmember Elvig inquired if there was some language they could introduce in the Allocation <br />Agreement that if D.R. Horton is not ready to develop, Ramsey Town Center, LLC can still sell <br />the remainder of the residential area. <br /> <br />City Attorney Goodrich replied that he thought that was provided for in the option agreement, <br />but he would verify that. <br /> <br />Councilmember Kurak stated that she would imagine the master developer is protecting <br />themselves. <br /> <br />City Attorney Goodrich explained that some Councilmembers are concerned about what <br />provisions Ramsey Town Center, LLC has in place to make sure D.R. Horton develops in a <br />timely fashion and if there is any language in place that would allow other developers to come in <br />and develop if D.R. Horton does not move forward in a timely fashion. <br /> <br />Councilmember Cook stated that D.R. Horton came in requesting that the benchmarks be <br />eliminated so they probably are not looking at having any problems with building on the site. <br /> <br />City Attorney Goodrich inquired as to how the Council wanted to handle the issue. <br /> <br />Mayor Gamec stated that the City has the benchmarks in place and now it is between D.R. <br />Horton and the master developer. ' <br /> <br />Councilmember Elvig stated that the only question he has is if D.R. Horton has a slow down and <br />another developer is there ready to develop are they going to allow that residential developer to <br />develop ahead of D.R. Horton. <br /> <br />Councilmember Cook replied that it is more likely that D.R. Horton will be pushing Ramsey <br />Town Center, LLC to sell the commercial property so the benchmarks are met. <br /> <br />City Administrator Norman stated that it is a legitimate concern, but that is a risk with requiting <br />benchmarks. <br /> <br />Councilmember Elvig inquired if the option to buy the property qualifies that D.R. Horton has <br />purchased the first phase of residential capacity and no one else can come in. <br /> <br />City Administrator Norman replied yes, because the develOper has chosen to enter into an option <br />for such a large parcel. <br /> <br />Councilmember Elvig stated that the question is does the Council agree with that. He was not <br />sure how they have identified which portions they have sold and have they done it in a hop- <br />scotched manner and if it'is staggered how does that impact infrastructure. <br /> <br />Assistant Community Development Director Trudgeon reviewed the residential parcels D.R. <br />Horton has placed a hold on. <br /> <br />Councilmember Elvig inquired as to how the City extends infrastructure that far out if they are <br />not ready to do so. <br /> <br />City Council/November 25, 2003 <br /> Page 17 of 28 <br /> <br /> <br />