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-140- <br /> <br />h) <br /> <br />The Developer to date has selected the following parties as its team for the <br />Town Center Project: <br /> <br />[RAMSEY TOWN CENTER "TEAM" MEMBERS TO BE IDENTIFIED AND <br />INSERTED HERE] <br /> <br />3) Representations of the City. The City represents that: <br /> <br />a) <br /> <br />b) <br /> <br />c) <br /> <br />Subject to its regulatory provisions, the City will use reasonable efforts to <br />cooperate with the Developer in obtaining all regional, state, and federal <br />governmental permits, reviews, actions, and approvals and will notify <br />Developer of the commencement of any proceeding or action to which it has <br />knowledge by any governmental agency or other third party involved in the <br />project. <br /> <br />Upon proper application the City shall consider rezoning of the adjoining <br />lands or take such other action required to permit development of the Town <br />Center, and will consider approving revised final development plans for the <br />initial phase of developer improvements and subsequent phases of developer <br />improvements if substantially consistent with the preliminary development <br />plans. The City acknowledges that the Town Center may be constructed in <br />phases, and the developer improvements may be constructed on the site. <br /> <br />Upon compliance by Developer with applicable citY ordinances and other <br />requirements, the City shall act upon and consider approval of the plats <br />comprising the Town Center. <br /> <br />d) <br /> <br />Subject to its regulatory provisions, the City will diligently construct the <br />public improvements (other than committed public improvements to be <br />constructed by the Developer) so as not to delay the construction or opening <br />of the initial phase and subsequent phases. <br /> <br />e) <br /> <br />The proposed actions of the City described in this Memorandum are <br />undertaken for the public purposes of preserving and e~thancing the <br />employment and tax base of the City. <br /> <br />f) <br /> <br />The execution and delivery of this Memorandum and the consummation of the <br />transactions herein contemplated will not conflict with or constitute a breach <br />or violation under the City's charter or ordinances, or the provisions of any <br />bond, debenture, note, or any other evidence of indebtedness, debenture, loan <br />agreement, lease or other contract to which City is a party or by which it is <br />bound, or violate any law, regulation, or order of the United States of America <br />or the State of Minnesota or any agency or political subdivision thereof or of <br />any court order or judgment in any proceeding to which City is or was a party <br />or by which it is bound. <br /> <br />03-20-03 Draft <br /> <br /> I <br /> I <br /> I <br /> I <br /> Ii <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br />I <br /> I <br />I <br />I <br />I <br />I' <br />I <br /> <br /> <br />