Agenda - Council - 07/12/2016 - Laserfiche WebLink

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David C. Sellergren Page 2 November 26, 2008 NW. In addition, because of the 146th Street issue, the City will not authorize building permits for units 18 through 32 of Gables Terrace until 146th Avenue becomes a dedicated public street, The City will work with the Developer to acquire the 146t11 right of way from RTC LLC and more importantly to obtain releases of the mortgages and liens presently encumbering said parcel. With regard to the sidewalk issue, the City offers the following resolution. The sidewalk adjacent to Rhinestone Street NW is in and paid for and therefore not an issue. The City will undertake at its expense to install the sidewalk adjacent to East Ramsey Parkway. Developer will be responsible for the installation and expense of the sidewalks adjacent to Periclut Street NW and 146`h Avenue NW adjacent to Gables Terrace. The 146th Avenue N.W. sidewalk will not be installed until the City acquires legal title to the right of way for said Avenue. You reference the Ramsey Town Center 2"d Addition (RTC 2nd) Development Agreement in your letter in conjunction with the gables Terrace Stage i and Stage ll improvements. You are correct that the RTC 2"d Development Agreement requires tlx: developer, Ramsey Town Center, LLC to construct public streets with concrete curb and gutter (146th Avenue NW) and sidewalk construction along 146`h Avenue NW, However, die references in the RTC 2' Development Agreement to those improvements are for those areas platted within RTC 2" as residential lots. The underlying legal description of Gables Terrace is Oullol A RTC 2", Because the said DIrt1o1 A was not platted for residential lots, no escrows were required for the future RTC 6`l'/Gables Terrace. Had the final plat for RTC 6th been released by the City, upon said release the City would have then obtained the appropriate escrows. The Stage I and II Improvements are Secondary Developer responsibilities and as such must be installed and paid for by the Developer, This is a Master Development Agreement requirement. With regard to the storm water management fee, this is a Secondary Developer responsibility. A careful review of the Allocation Agreement reveals that the only contractual obligation between the City and the Developer in said Agreement is in Section 4. Nothing in said Section 4 pertains to the payment of development fees. Payment of development fees is referenced in paragraph 2,b of the Allocation Agreement. Therefore, the City assumes no responsibility for the omission of reference to the storm water management fee in the Al location Agreement. We look forward to your comments regarding the above. Very truly yours, illianl K. Goo lr'el Ramsey City Att4 ryy \'VKG/gb cc Kurt G. Ulrich, Ramsey City Administrator Brian Olson, Ramsey City Engineer