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g) <br /> <br />To the best of the City's knowledge, there is no action, suit, proceeding, or <br />investigation at law or in equity, or by or before any United States court, <br />arbitrator, administrative agency, or other federal, state, or local governmental <br />authority, pending or threatened against the City, wherein an unfavorable <br />decision, ruling, or finding would have an adverse effect on the validity of this <br />Memorandum, or a material adverse effect on the transactions contemplated <br />hereby. <br /> <br /> 4) Mutual Agreements and Acknowledgments of the Developer and the City. The <br />Developer and the City agree and acknowledge: <br /> <br />a) <br /> <br />Sharing of Information. Each will keep the other fully informed of its plans, <br />schedules, and other and further information necessary and pertinent to the <br />orderly and timely development of the Town Center. <br /> <br />b) <br /> <br />c) <br /> <br />Response to Requests for Information. Each will respond reasonably and <br />promptly to the other's requests for information. <br /> <br />Resolution of Issues. Each will work in good faith with the other to resolve <br />any problems or disagreements that arise in the course of implementation of <br />this Memorandum. <br /> <br />d) <br /> <br />Developer Commitments and City Commitments. As owner of the subject <br />land, development applicant and at the Developer's request, the City will <br />designate Ramsey Town Center, LLC as the master developer for the site. <br /> <br />e) <br /> <br />g) <br /> <br />Public Improvements. The location and placement of public improvements <br />shall be as approved in writing by Developer and City prior to the <br />commencement of construction by the Developer. <br /> <br />Dedication of Easements and Rights-of-Way and Rights of Access. The <br />plans and plats referred in this Memorandum and to be required in the <br />Development Agreement for commencement of construction of the initial <br />phase and for subsequent phases of Developer improvements shall show the <br />dedication of public easements and rights of way and rights of access, at no <br />cost to City. <br /> <br />Secondary Developers. The Developer may permit Secondary DeveloPers to <br />participate in the development of Town Center provided that: <br /> <br />i. The secondary developer has otherwise been previously approved by the <br /> City; <br /> <br />ii. <br /> <br />All development undertaken by the secondary developer shall be in <br />accordance with the terms and conditions of the Development Agreement <br />and City Code; <br /> <br />03-20-03 Draft <br /> <br />4 <br /> <br />-141- <br /> <br /> <br />