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RANDALL and GOODRICH, P.L.C. <br />ATTORNEYS AT LAW <br />2140 FOURTH AVENUE NORTH <br />ANOKA, MINNESOTA 66303.2268 <br />GERALD M. RANDALL TELEPHONE (763) 421-5424 <br />WILLIAM K. GOODRICH <br />CLAIRE b. HELMER <br />CHRISTIAN R. PETERSON <br />November 26, 2008 <br />David C. Sellergren <br />Fredrikson & Byron, P.A. <br />200 South Sixth Street, Suite 4000 <br />Minneapolis, MN 55402-1425 <br />FACSIMILE (763) 421-4213 <br />bgoud©nnokallW.com <br />VIA E-MAIL AND U.S. MAIL <br />Re: City of Ramsey/Development Contract for Gables Terrace — D.R. Horton, Inc. <br />Dear Mr. Sellegren: <br />As you know we represent the City of Ramsey (The "City") and have been asked by the City to <br />respond to your letter elated September 10, 2008 regarding the Development Contract for the <br />proposed plat of Gables Terrace ("Gables Terrace"). <br />First let me assure you the City wants to work cooperatively with D.R. Horton ("the Developer") <br />to encourage further residential development in the City. The City has always found D.R. <br />Horton to be very responsible and capable. We are confident the present issues can be <br />successfully negotiated. <br />Please be advised that in preparation of this response, we too have reviewed the documents <br />referenced in your letter in addition to the proposed Development Contract for Ramsey Town <br />Center 6t1' Addi lion. <br />With regard to the Stage I Improvements for Gables Terrace, these are the same improvements <br />required for the plat of Ramsey Town Center 6th Addition ("RTC 61'"). Unfortunately, Ramsey <br />Town Center L1_,C ("R'l't' 1,CC") has failed to go forward with RTC 61)', has not filed the plat and <br />has not completed the RTC 611i Stage I and Stage II Improvements. <br />The City recognizes the discrepancy between the July 24, 2007 preliminary plat approval and the <br />proposed Gables Terrace Development Agreement. The City will modify the Development <br />Agreement to comply with the preliminary plat approval Ru)d existing conditions. however, thy <br />reality of 1461" Avenue must be recognized which is drat as a result of RTC 6111 not being <br />finalized, the City does not have legal authority to authorize public use of 146'1i Avenue as public <br />property/right-of-way. Therefore, pending dedication of 146111 Avenue as a public street, the City <br />is not in a position to permit Gables Terrace to access 146141 Avenue. Temporarily, access to <br />Gables Terrace will need to be accomplished via Rhinestone Street NW and/or Peridot Street <br />