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37. <br /> <br />8.6 COMMENCEMENT AND. cOMpLETiON OF PHASE II <br /> <br />CONSTRUCTION.- Subject to Force Majeure, the City is obligated to <br />commence and ~complete :construction of the City Phase II Utility <br />hnprovements on the same dates that the City is obligated to commence <br />and substantially complete construction of the City Phase II Roadway <br />Improvements pursuant 'to Section 7.9.. The City Utility Improvements <br />will be public improvements,, and the City will maintain the City Utility <br />Improvements as public improvements. <br /> <br />Sections 9.1 through 9.7 of the Master Agreement are hereby deleted in their entirety and <br />replaced with the following, <br /> <br />9.1 PARIrdNG STRUCTURES. Section 9.20.31, Subd. 2(a) of the <br />RTC Ordinance States: <br /> <br />To maximize the Use of land and prevent proliferation of surface <br />parking Within this Distric. t, parking structures will be utilized to <br />accommodate the majority 0fthe District's parking needs. <br /> <br />In furtherance of the RTC 'Ordinance, the City will construct a three phase <br />parking improvement project within the TC-1 Mixed Used Core Sub- <br />District which project is defined herein as the "parking Improvements". <br />The City will construct the Parking hnprovements purSuant to the <br />Schedule set forth on Exhibit N as modified bY the City Council <br />Resolution ordering the constrUction of the Parking Improvements. <br /> <br />9.2 ASSESSMENT AGREEMENT FOR pARKING IMPROVEMENTS <br /> <br />Mi~mesota Statutes, Section 459.14, Minnesota Statutes, Chapter 429, the <br />City's Charter and the City's Ordinances authorize the City to assess all or <br />a portion of the cost of the Parldn~g Improvements against the property the <br />Parking Improvements benefit. The City, the Developer and the Interested <br />Parties agree the parking Improvements will benefit the Unsold Subject <br />Property. The City will Promptly commence and diligently, pursue the <br />actions necessary to specially access $6,000,000 of the cost of the Parking <br />Improvements against the Unsold Subject Property. The special <br />assessment will be allocated among the Unsold Subject Property pursuant <br />to the percentages set forth 0nExhibit F-1. The special assessment will be <br />payable in a single installment, but the City will defer the obligation to pay <br />the special assessment until the earlier of the date three years after the date <br />the City levies the special assessment or the date the City appro3~es a final <br />plat replatting all or a portion of the Unsold Subject Property. <br />Notwithstanding the foregoing, the special assessments due and payable <br />with respect to Outlot I, :[is this the correct legal description of the <br />Ramdance Parcel? YES], RAMSEY TOWN CENTER ADDITION, <br />Anoka County, Minnesota will be payable in a single installment upon the <br />later of the date thirty (30) days after the City levies the special assessment <br />or March 1, 2005: If the Developer replats a portion of the Unso!d Subject <br /> <br />I 710(~52v2 <br /> <br />15 <br /> <br />-21- <br /> <br /> <br />