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12. <br /> <br />Section 3.2(c) is hereby added to tl~e Master Agreement to read as follows: <br /> <br /> 3,2 REPRESENTATIONS AND WARRANTIES. OF <br /> <br />THE <br /> <br />DEVELOPER. The DevelOper represents and warrants to the City: <br /> <br />(c) Tlxat the Developer holds fe6 title to tlie Unsold Subject Property and, <br />to the best of the Developer's actual knowledge, no persons or entities <br />other than the Interested Parties have any recorded or unrecorded right, <br />title, or interest in the-Unsold Subject Property except as set forth on <br />Exhibit O. <br /> <br />Section 4.3 of the Master Agreement is hereby amended to read as follows: <br /> <br />4.3 APPROVAL OF FINAL PLANS FOR A PHASE. The RTC <br />Project will be deVeloped in Phases. Except as provided in Section 4.4, no <br />Development may occur on a Phase until a Secondary Developer has <br />submitted a proposed Preliminary Plat and Proposed Final Plans for the <br />Phase to the City in accordance with the RTC Controls, and the Council <br />has approved the Preliminary Plat and Final Plans for that Phase in <br />accordance with the' RTC Controls. The Council will not approve the <br />Final Plans for a Phase unless: (a) the' Public Improvements the Street and <br />Utility Phasing Plan indicates Will be constructed in connection with the <br />portion of the Subject Property that includes the Phase are congtructed; or <br />(b) the Council is satisfied, in its sole and absolute discretion, that such <br />Public Improvements Will be constructed priOr to the completion of that <br />Phase pursuant to the terms of this Master Agreement or the Secondary <br />Development Agreement for that Phase. 'The Council also will not <br />approve ,the Final plans for .a Phase unless: (a) the Developer has graded <br />the portion of the Subject:Property within that Phase in accordance with <br />the Master Grading Plan and has constrUcted the portions of the <br />Stormwater Management System either located on or serving the portion <br />of the Subject Property Withinlthat Phase pursuant to the StOn-n Sewer <br />Phase Plan Exhibit; or (b) the Council is satisfied, in its sole and absolute <br />discretion, that such grading will be completed and such components of <br />the Stonnwater Management System will be constructed, prior to the <br />completion of that Phase pursuant to the terms of this Master Agreement <br />or the Secondary Development Agreement for that Phase. In cmmection <br />with the Development of a Phase, the City may require the Developer or <br />Secondary Developer, as the case may be~ to oversize Public <br />hnprovements or otherwise modify the design of Public Improvements as <br />reasonably necessary to serve other properties. If the City determines that <br />thc Devel6pment of a Phase requires the constrUction of public water, <br />sanitary sewer or storm Water improvements which w_ill benefit both <br />property within the Phase and other property, the City has no obligation to <br />provide the Developer or the Secondary Developer whO constructs the <br />water, sanitary sewer or storm water improvements with a credit to reflect <br />the benefit to other property resulting fi'om such improvements.' <br /> <br />[ 710652v2 <br /> <br />3 <br /> <br />-9- <br /> <br /> <br />