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City, whether pursuant to a PUD Agreement or any ordinance or resolution of the City, for Outlot <br />A and the remainder of Alpha Development for park dedication, public benefit and open space. <br />4. Upon execution of the Agreement, Hageman shall execute in recordable form and <br />deliver in escrow to Land Title, Inc. (the "Title Company") a quitclaim deed (the 'Deed"), <br />conveying to the City Hageman's right, title and interest in and to the Alpha Development Open <br />Space, but reserving, for the benefit of Lot 1, Block 1 and Outlot D, ALPHA DEVELOPMENT, <br />the right and asement lo drain surface waters from said Lot 1, Block 1 and Outlot D, onto, over <br />and across the Alpha Development Open Space. <br />5. The Title Company shall record or otherwise release or deliver the Deed only if and <br />when the following contingencies have been satisfied, not later than March 30, 2018: the City has <br />granted final plat approval of the New Plat and has released the New Plat for recording, and Buyer <br />has acquired fee title to Outlot A from Hageman. The Agreement shall require that the Title <br />Company shall return the Deed to Hageman if any of those contingencies is not satisfied by March <br />30, 2018. <br />6. The City recognizes that the Alpha Development Open Space does not now <br />constitute one or more separate parcels Of real estate for purposes of real estate taxes and <br />conveyancing. The City shall be solely responsible for taking all actions necessary in order to <br />avoid the violation of any subdivision ordinance of the City or any statutory requirement as a result <br />of the conveyance of the Alpha Development Open Space by Hageman to the City, and neither <br />Buyer nor Hageman shall have any obligation to incur any cost in connection therewith. <br />The parties agree in principle to this non -binding MOU. <br />THE CITY: <br />City of Ramsey, Minnesota, <br />a Minnesota municipal corporation <br />By: Dated , 2017 <br />Sarah Strommen, Mayor <br />By: <br />Kurt Ulrich, City Administrator <br />2 <br />3892318v3 <br />I Commented [JJL2]: Can we get a warranty deed? <br />I Commented [3)L3]: Is this to be a public D&U? <br />Commented [))L4]: What process is intended to make this a <br />separate parcel? <br />