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37. <br /> <br /> 8.(3 COMMENCEMENT AND COMPLETION OF PHASE II <br /> CONSTRUCTION.- Subject t°: Force Majeure, the City is obligated to <br /> commence and complete construction of the City Phase II Utility <br /> Improvements on the same dates that the City is obligated to commence <br /> and substantially complete construction of the Cil[y Phase II Roadway <br /> Improvements pursuant to Section 7.9. ;l'he City Utility Improvements <br /> wilt be public improvement's, and the City will maintai'n the City Utility <br /> hnprovements as public improVements. <br /> <br />Sections 9.1 tkrough 9.7 of the Master Agreement are hereby deleted ir~ their entirety and <br />replaced with the following. <br /> <br />9.1 PARK_lNG STRUCTURES. <br />RTC Ordinance states: <br /> <br />Section 9.20.31, Subd. 2(a) of the <br /> <br />To maximize the use of lm~d and prevent proliferation of surface <br />parking Within this Distric. t, parking structures will be utilized to <br />accommodate the .majority'of the District's parldng 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 Parldng knprovements pursuant to the <br />Schedule set forth on Exhibit N as modified by the City Council <br />Resolution ordering the construction of the Parking hnprovements. <br /> <br />9.2 ASSESSMENT AGREEMENT FOR PARKING IMPROVEMENTS. <br /> <br />Mi~mesota Statutes, Section 459.'14, Mim~esota 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 Parking 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 on Exhibit F-1. The special assessment will be <br />payable in a single installment, but the City wJ~ll defer the obligation to pay <br />the special assessment until the earlier of the date tlzree years after the date <br />the. City levies the special assessment or the date the City approves 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, Mi~mesota wilt 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 Unsold Subject <br /> <br />710~52v2 <br /> <br /> <br />