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4.9. SR 07-07-2014
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4.9. SR 07-07-2014
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(02) Preliminary Plat Status. If the final plat is a phase of a multi-phased preliminary plat, the <br /> preliminary plat approval for all phases not final platted shall lapse and be void unless final platted <br /> into lots and blocks, not outlots,within two (2) years after preliminary plat approval. This two-year <br /> period may be extended by the City. <br /> (03) Park Dedication on Outlots. Park dedication requirements referred to in this Agreement are <br /> not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat <br /> for future subdivision into lots and blocks. Such dedication requirements will be calculated and <br /> imposed when the outlots are final platted into lots and blocks. <br /> (04) Changes in Official Controls. For two (2) years from the date of this Agreement, no <br /> amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, <br /> development density,lot size,lot layout or dedications of the approved plat unless required by state <br /> or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding <br /> anything in this Agreement to the contrary, to the full extent permitted by state law, the City may <br /> require compliance with any amendments to the City's Comprehensive Plan, official controls, <br /> platting or dedication requirements enacted after the date of this Contract. <br /> 3. Right to Proceed. Within the Subdivision, the Developer may not grade or otherwise disturb the <br /> earth,remove trees,construct sewer lines,water lines, streets,utilities,public or private improvements,or any <br /> buildings until all the following conditions have been satisfied: (1) this Agreement has been fully executed by <br /> both parties and filed with the City Clerk; (2) the necessary security has been received by the City; (3) the <br /> necessary insurance for the Developer and its construction contractors has been received by the City; (4) the <br /> final plat for the Subdivision has been filed with the office of the Sherburne County Recorder or Registrar of <br /> Titles,and (5) all required permits are secured and a copy filed with the City Engineer. <br /> 4. Approved Plans. The Subdivision shall be developed in accordance with the following plans (The <br /> Plans). The Plans shall not be attached to this Agreement. With the exception of Plans A.B and E the Plans <br /> may be prepared, subject to the City Engineer's approval, after entering into this Agreement, but before <br /> commencement of any work in the Development. The City Engineer may approve minor amendments to <br /> Plan B without City Council approval. If the Plans vary from the written terms of this Contract, the written <br /> terms shall control.The Plans are: <br /> Plan A- Plat <br /> Plan B - Final Grading,Drainage,and Erosion Control Plan&SWPPP <br /> Plan C- Plans and Specifications for Public Improvements <br /> Plan D - Street Lighting Plan <br /> Plan E- Landscape Plan <br /> Plan F — Storm water Management Plan detailing long term ownership, maintenance <br /> schedules and procedures for all stormwater facilities as required by the City's MS4 permit <br /> Plan G—Development and tree preservation plan required by Section 13 hereto <br /> 5. Improvements. In accordance with the application materials submitted by Developer, the <br /> preliminary and final plats of the Subdivision, the City Council Resolution attached as Exhibit A hereto, and <br /> the applicable standards and ordinances of the City, the following described Improvements (the <br /> Improvements) shall be constructed and installed on the terms and conditions hereinafter contained: <br /> 2 <br />
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