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4 <br />LA515\150\1011808.v2 <br />this Agreement and the non-compliance has not been remedied. Development of subsequent <br />phases of the Development may not proceed until development agreements for such phases are <br />approved by the City. Availability charges for sewer and water referred to in this Agreement are <br />not being imposed on outlots that are designated in the plat for future subdivision into lots and <br />blocks, if any, in the plat. Such charges will be calculated and imposed when these outlots, if <br />any, are platted into lots and blocks. <br />5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased <br />preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be <br />void unless final platted into lots and blocks, not outlots, within seven (7) years after preliminary <br />plat approval. <br />6. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this <br />Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to <br />or affect the use, development density, lot size, lot layout or dedications of the approved final plat <br />unless required by state or federal law or agreed to in writing by the City and the Developer. <br />Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted <br />by state law, the City may require compliance with any changes to the City's Comprehensive Plan, <br />official controls, platting, or dedication requirements enacted after the date of this Agreement. <br />7. DEVELOPMENT PLANS. The Developer agrees to develop the Property in <br />accordance with the City approvals, including the terms and conditions of approval of the final plat <br />as detailed in City Council Resolution No. 2025-14, and to construct all improvements in <br />accordance with the approved construction plans and specifications (collectively, the “Plans”) <br />prepared by a professional engineer registered in the State of Minnesota at its sole expense. All <br />terms and conditions of the City approvals are hereby incorporated by reference into this <br />Agreement. The Plans may not be modified by the Developer without the prior written approval <br />of the City.