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152229v01 <br />SMM:06/07/2010 <br />2 <br />Minnesota, promptly after compliance by the Developer with all conditions precedent to such recording <br />pursuant to this Contract, which conditions precedent the Developer shall cause to be satisfied within 180 <br />days after the City Council approves the final Plat. <br />3.RIGHT TO PROCEED. Within the Land, the Developer may not grade or otherwise <br />disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private <br />improvements, or any buildings until all the following conditions have been satisfied: 1) this Contract has <br />been fully executed by both parties and filed with the City Clerk, 2) the necessary “security” (defined <br />below) has been received by the City, and 3) the Plat has been duly recorded in the office of said Registrar <br />of Titles. <br />4.PHASED DEVELOPMENT. N/A <br />5.PRELIMINARY PLAT STATUS. N/A <br />6.CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this <br />Contract, no amendment to the City's Comprehensive Plan, or official controls shall apply to or affect the <br />use, development density, lot size, lot layout or dedications of the Land unless required by state or federal <br />law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this <br />Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any <br />amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted <br />after the date of this Contract with respect to property which did not receive final plat approval prior to any <br />such amendment. <br />7.DEVELOPMENT PLANS. The Plat shall be developed in accordance with the <br />following plans (collectively, the “Plans”). The Plans shall not be attached to this Contract. The erosion <br />control plan may also be approved by Hennepin County Environmental Services and Minnehaha Creek <br />Watershed District. If the Plans vary from the terms of this Contract, the terms of this Contract shall <br />control. The Plans are: <br />Plan A - Plat <br />213