Update on resolution of Master Declaration issues (Portions may be closed to the public)

On May 31, 2012, the City of Ramsey, the HRA, PSD, LLC, and their related entities entered into a binding agreement for the resolution of issues related to the existing Master Declaration encumbering  a number of properties within The COR.  Essentially, this agreement was a roadmap to determining the membership of the association, holding a meeting of the members, and adapting an amendment to the governing documents that allowed the HRA to remove it's parcels from the Master Declaration.  As a further result of the amendment the HRA would agree not to seek, or join any action to include PSD, LLC (or any related parties) in any form of Special Service District.

Also subject to this agreement is the recording of an easement over HRA property granting PSD, LLC the rights to use HRA property for parking required for the Ramsey Office Plaza.  it also provides PSD the right to additional parking in that easement area for future development of their property adjacent to Ramsey Office Plaza.

There has been some recent activity on the resolution of the issues as we move to follow the binding agreement towards final resolution.  We have met with the residential homeowners associations on an informational basis to allow them the opportunity to join our action and be removed from the Master Association in the same action as the HRA properties. We now need to schedule a meeting of the members of the master association and act on the amendment included in the binding agreement.

There seems to be some hesitation on the part of the other parties in the agreement to schedule this meeting.  It has been suggested that they would now like resolution to an unrelated issue, not covered in the binding agreement, before they will move forward.  We have asked for clarification on their position and will provide that information at the work session.

Attorneys Bray and Goodrich have been included in this discussion to date.  We have scheduled a case for the Council work session on 7/31 to address the issue in question.

The development team would like the HRA to consider the above matter, and provide direction on proceeding.  Portions of the meeting may be closed to discuss the matter with the attorney(s).

The development team recommends the HRA review the current binding agreement, and discuss the progress to date.  The development team requests the HRA provide direction on proceeding with the current agreement or direction on alternative actions.

N/A

Based on discussion, provide consensus direction on proceeding with the resolution of master association issues.