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4.11. SR 04-06-2015
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4.11. SR 04-06-2015
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(02) Preliminary Plat Status. If the Development is a phase of a multi- phased preliminary plat, <br />the preliminary plat approval for all phases not final platted shall lapse and be void unless final <br />platted into lots and blocks, not oudots, within two (2) years after preliminary plat approval. This <br />two -year 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 Development that are designated in an approved <br />preliminary plat for future subdivision into lots and blocks. Such dedication requirements will be <br />calculated and imposed when the oudots 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 Development 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. Development Plans. The Subdivision shall be developed in accordance with the following plans <br />(The Plans). The Plans shall not be attached to this Agreement. With the exception of Plans A, B and E the <br />Plans 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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