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c. DEVELOPER in this Development Contract for Ramsey Town Center 3rd <br />Addition is defined as a "Secondary Developer" within the Master Development Agreement. <br />Unless specifically agreed to in this Development Contract, the Secondary Developer is not <br />liable for any obligations of the "Developer" defined in the Master Development Agreement. <br /> <br /> d. The CITY represents that as of the date hereof, the CITY has not given <br />the Developer under the Master Development Agreement any Formal Notice of default pursuant <br />to Section 15. l of the Master Development Agreement. <br /> <br /> 3. Development Plans. The DEVELOPER shall develop the Plat in accordance <br />with the following plans. The plans shall not be attached to this Development Contract, but are <br />in CITY files. The plans may be prepared by the DEVELOPER, subject to CITY approval, <br />after entering into this Development Contract but before commencement of any work in the Plat. <br />If the plans vary from the written terms of the contract, the written terms shall control. The <br />required plans are entitled: "Ramsey Town Center 3rd Addition-Final Plat and Engineering- <br />Commercial Development Phase I- Dated September 27, 2004; and the Landscape Plan prepared <br />by URS dated September 1, 2004. The plans consist of the final plat, street, utilities, grading, <br />drainage, landscaping, and streetscape plans. The City Phase I Roadway Improvements and City <br />Phase I Utility Improvements, including, but not limited to, Sunwood Drive and access to <br />Armstrong Blvd., shall be substantially completed on or before May 31, 2005. <br /> <br />4 <br /> <br />Stage I Improvements <br /> <br /> a. The Required Improvements the CITY requires the DEVELOPER to <br />construct within the Plat are as follows: <br /> <br />111. <br /> <br />iv. <br /> <br />Stormsewer piping and ponding <br />Natural gas <br />Telephone service <br />Electric service <br /> <br />("Stage I Improvements within the Plat") <br /> <br /> b. The Required Improvements the CITY requires the DEVELOPER to <br />construct outside the Plat are as follows: <br /> <br />Zeolite Street NW Construction. The CITY requires the <br />DEVELOPER to construct Zeolite Street N.W. to City standards <br />at their expense. Said Zeolite Street NW is a platted right-of-way <br />dedicated to the public in the Ramsey Town Center Addition. The <br />City authorizes construcion of Zeolite St. NW notwithstanding <br />Section 7.8 of the Master Development Agreement. In conjunction <br />with the construction of Zeolite, the DEVELOPER agrees to <br />provide the CITY with a temporary road easement to provide a <br />turn-around at the southerly terminus of Zeolite Street N.W. over a <br />portion of Outlot M, Ramsey Town Center. The DEVELOPER <br /> <br />Ramsey Town Center 3rd Addition <br />Development Contract <br /> Page 2 of 10 Pages <br /> <br /> <br />