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<br />229446v1 <br />4476897.v2 <br />been received by the City, 4) the plat has been filed with the Sherburne County Recorder or Registrar of Titles’ <br />office, and 5) all required permits are secured and a copy filed with the City Engineer. <br /> 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City <br />may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the <br />breach has not been remedied. Development of subsequent phases may not proceed until Development <br />Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are <br />not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future <br />subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted <br />into lots and blocks. <br /> 5. PRELIMINARY PLAT STATUS. If the 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 into lots <br />and blocks, not outlots, within five (5) years after preliminary plat approval. <br /> 6. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this Contract, no <br />amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current <br />metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot <br />size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing <br />by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full <br />extent permitted by state law, the City may require compliance with any amendments to the City’s <br />Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this <br />Contract. <br /> 7. DEVELOPMENT PLANS. The Subdivision shall be developed in accordance with the <br />following plans (The Plans). The Plans shall not be attached to this Agreement. With the exception of Plans A, <br />B and E, the Plans may be prepared, subject to the City Engineer’s approval, after entering into this <br />Agreement, but before commencement of any work in the Development. The City Engineer may approve <br />minor amendments to Plan B without City Council approval. If the Plans vary from the written terms of this <br />Contract, the written terms shall control. The Plans are: <br />Page 219 of 309