Laserfiche WebLink
229446v1 <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 breach <br />has not been remedied. Development of subsequent phases may not proceed until Development Contracts for <br />such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed <br />on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and <br />blocks. Such charges will be calculated and imposed when the outlots are final platted 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 and <br />blocks, not outlots, within five (5) years after preliminary plat approval. <br />6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, <br />no 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 size, <br />lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the <br />City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent <br />permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, <br />official controls, platting or dedication requirements enacted after the date of this 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, B <br />and E, the Plans may be prepared, subject to the City Engineer’s approval, after entering into this Agreement, but <br />before 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 terms <br />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 />Page 65 of 299