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4 <br />LA515\160\1053952.v2 <br />S. the final plat has been recorded with Washington County; and <br />T. the City has issued a written notice that all above conditions have been satisfied and that <br />the Developer may proceed. <br />4. PHASED DEVELOPMENT. The Subdivision is the first phase of a multi-phased <br />development known as Inwood Townhomes (the “Development”). The City may refuse to approve <br />final plats of subsequent phases of the Development if the Developer is not in compliance with <br />any term of this Agreement and the non-compliance has not been remedied. Development of <br />subsequent phases of the Development may not proceed until development agreements for such <br />phases are approved by the City. Availability charges for sewer and water referred to in this <br />Agreement are not being imposed on outlots that are designated in the plat for future subdivision <br />into lots and blocks, if any, in the plat. Such charges will be calculated and imposed when these <br />outlots, if 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 five (5) years after preliminary plat <br />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