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• ~•~r~l City will, at the reauest of Developer execute the Final Plat <br />deliver the Final Plat to Developer's title insurer and submit to Developer's title insurer <br />Ci 's share of anv unpaid real estate taxes due and payable in 2007 with respect to the <br />~eelsDevelopment Property (as determinedpursuant to the Purchase Agreement}-~~}}~ <br />and use legal descriptions based on the Final Plat in the deed <br />the Purchase Agreement obligates City to execute and deliver to Developer. Developer agrees <br />that if Developer requests that the City execute the Final Plat prior to conveying the <br />Development Property to Developer, as provided for in Section 6.4, Developer ism fer~}l <br />yeses the subdivider for purposes of the Zoning °-a~~~--~c ~;,u tut., loo-and Subdivision <br />Ordinance and State law <br />6.5 Purchase and Sale of the Development Property. City agrees to convey the <br />Development Property to Developer and Developer agrees to purchase the Development <br />Property from City pursuant to the terms of and subject. to the contingencies set forth in the <br />Purchase Agreement which fide-City and Developer are executing contemporaneously. <br />herewith. <br />7. Rezoning to B-3 Zoning District. <br />7.1 Rezoning. The Zoning and Subdivision Ordinance currently designates the <br />Development Property as a TC-2 Zonin District. City-staff and Developer <br />contemplate that the ; ,,~„re~D~~~~;~. ~...D~ ~. „~, „ <br />.r 6 viauiuJ3IVi11PTII <br />'City will initiate <br />roceeding_s to amend the Zoning and Subdivision Ordinance to designate the Development <br />Property as a B-3 Business District. City staff anticipates that the City Council will act on <br />the rezoning at the same <br />meeting at which the City Council acts on the Preliminary Plat <br />and the Master lap <br />7.2 Master Plan. As set forth in Section <br />9.20.28 Subd 2 of the Zoning and Subdivision Ordinance City will not errant Developer <br />a Development Permit for anv buildings in the B-3 Zoning District until Developer has <br />submitted the Master P an to the Criv Council and the Citv Council has approved the <br />Master Plan. Developer must submit the Master Plan to the City for review on or before <br />2006. As set forth in Section 9.20.28 Subd. 3 of the Zonin an <br />Subdivision Ordinance, the City processes the Master Plan in the same manner as a <br />Preliminary Site Plan under Section 9.20.31 of the Zoning and Subdivision Ordinance. <br />Specifically, the Master Plan is subject to ~.y,~, Subdivisions 4.5.6. 7 9 <br />10 exce t for 10(ell 11 and 12 of Section 9.20.31. Developer <br />r- ~ -~mav satisfy the reauirement fnr cnhmicc~nn of <br />Final Plans for the Development Property to Citgand City's approval of Final Plans for <br />the Development Property all n~:r~llant to Section 9 20 31 Subd 11 of the Zoning and <br />Subdivision Ordmance with respect to each buildable lot the Final Plat creates and for <br />1974417vdoc <br />V2 to V i 12/18/06 <br />-133- <br />