Agenda - Economic Development Authority - 12/01/2003

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' T'T' ~, ~F' T ~' ' ~ 16.1 i L~fi ~_~, ION ON DEVELOPER'S CONSTRUCTION OBLIGATIONS. Notwithstanding m-%vthn~,g contained in tkis Master Agreement to the contrary', the only obligations of Ramsey Town Center LLC with respect to the actUal cons'auction of the i?.TC Project ara to (i) consumer the Developer Public Improvements described in A_rdcles 10 and ] I; (ii) pro,ride the security required by th.is Master Agreement with respect to the Deveioper Public Improvements; and (iii') use its best efforts to enter into ageements with Secondary Developers reasonably acceptable to tlne City.. to construct the portions of the R. TC Project within the Phases. ,.'t- -~ i 6.12 PROPP, ZE .: ~2~. KIGHTS. The CiV acknowledges that Kamsey Town C'enter LLC has and will invest significant amounts, in the preparation of plans, surveys, drawings and other information relating ro the proposect RTC Project (collectively the "Information"). The City. a~ees that Ramsey Town Center LLC is the sole owner of any Information the Developer prepares or pays a th/rd parry, to prepare and has the sole ri~t to sell such In.formation to third parries. Not-withstanding the foregoing, the Developer a~ees that 5'om and alher the date the Developer provides the CiD' Public Improvements des/~2~_ identified in Section 7.2 to the City,, the City may use such mater/als in any manner the City deems appropriate. Tne Developer fi.u~ther 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. 1~. 15 :A~:MENT P~LOCATION. If the Ci~.v requires that the Developer grant easements to the Cit? pursuartt to the temps ofth/s Master Agreement or otherwise and the Iines or infrastructure ro be located within an easement area are actually located outside the easement area., ~e Ci~ a~ees_ to ,,~,,~,,t, er into amendments to the easements to relocate the easement area to coincide with the actual location of ~e lines or infi-astrucrure. 16.14 DE~LOPER'S W:4_RP,~z'qTY. The Developer warrants to the City that, for a per/od of one year from the date the City accepts the Developer Public Lrnprovements, the Developer Public improvements will be flee .~om defects caused by faulty wortcmansl-fip or defective materials.