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f <br />John C. Trautz <br />June 11,2004 <br />Page 3 <br />6. Item 2.B requires certified copies ofall recorded easements. While we can <br />obtain certified copies, we are already in possession of and can immediately provide <br />uncertified copies. <br />7. Item 2.C requires a “sign and executed” Shared Facilities Agreemenl <br />addressing maintenance and use of the shared parking. This document will not be signed <br />until you acquire the property. We can provide a draft once it is fully negotiated between <br />you and Net Lease (purchaser and developer of the Walgreens site). <br />8. Item 2.D requires a “sign and executed” Developers Agreement. <br />Similarly, you would not sign and deliver this agreement until you have acquired the <br />property, since you cannot agree to the matters therein if you do not own the property. <br />9. The fees are not listed (the documents calls for them to be but this draft <br />contains blanks). We assume you will enure that the listed fees are acceptable. <br />10. Section 2.d references General Development Plan approval. We w ere not <br />provided with the resolution that provides this. When will this be obtained ? After the <br />other resolutions are approved ? We expect that it is necessary before construction can <br />commence. In any event, this approval must recite that the development plan as approved <br />meets the Development Standards and General Conditions as set forth in the General <br />Concept Plan ^proval and the ordinance for PUD 4A. <br />I^- Ordinance Amendine the Municipal Zoning Code <br />1. If it can be done correctly, the name “Reliance Development Company, <br />L.L.P.” should be changed throughout the resolution to “Stonebay Commercial LLC.” In <br />this case, the second recital references an application which was probably filed in the <br />name of RDC, so this may be correct to change. Perhaps a new recital indicating that <br />RDC has assigned its rights to Stonebay Commercial LLC could be added Similarly in <br />Section 2, under the proposed Code Section 78-1010, subd. 10(b), reference is made to <br />RDC in connection with plans. If the plans are not reUtled, this reference may have to <br />stay. The reference in the title of subdivision 10 should definitely be changed. <br />2. In resolution Section 1, and in subdivision 10(a), the name of the plat <br />should be changed as indicated above. <br />89003