Minutes - Council - 04/27/2004 - Laserfiche WebLink

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All Parks Irrigation for all manicured lawn areas Assistant Public Works Director Olson explained there is a great deal of imagery and construction drawings that are near completion. The parks proposal is to provide 4.2 million dollars in improvements and roughly 2.1 million dollars in land for park purposes. It also states the developer will contribute $1,500 per building permit that is issued into an escrow under his control for Civic Square and Downtown Commons. This agreement would amend the Master Agreement by adding a new Section 15.3(e) which reads "Failure by the Developer to perform the Developer's obligations under the Parkland Trail Plan Agreement for Ramsey Town Center effective as of the __ day of ,2004." He explained the letter of credit is not needed because the value of the land serves as the credit. Councihnember Elvig indicated Section 7.2 should require the developer to supply the City with evidence of filing. Councihnember Elvig suggested Section 7.4 include a statement specifying a reasonable period of time and just cause in relation to performance of any of the obligations. City Attorney Goodrich explained as it is written this is stating if the City agrees it can extend the performance by the developer or if the developer agrees it can extend the performance by the City. He explained "of another" is the key word. He noted Section 7.2 should read "Parkland and Trail Agreement Plan" rather than "Master Agreement". The City does have the recording data back on the Master Development Agreement. Counci hnember Kurak questioned if the Master Development Agreement can be changed without the other party being present. City Attorney Goodrich explained this will be in addition to the Master Development Agreement according to paragraph 4.11 of that agreement. Councilmember Elvig inquired about Section 5.4. Assistant Public Works Director Olson explained it has always been the intention that the City will finalize each of the plans that go forward, which is why the 4.2 million dollar improvements were reiterated. If there is a change to the cost of some of these items shown on the concept plans then that money can be rolled into the improvements of another aspect that was not included in the original proposal. He explained that the City is the ultimate authority approving what goes into their parks. Motion by Councihnember Cook, seconded by Councilmember Elvig, to recommend acceptance of the RTC Parks Proposal by amending the Master Development Agreement by entering into an the attached agreement contingent upon the changes that the Parks Commission recommended, and with Section 7.2 amended to state "The Developer must record this Parkland and Trail Agreement..." City Council/April 27, 2004 Page 32 of 35