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[DRAFTI <br /> <br />(-h)-The Developer satisfies all of the conditions subsequent to the City Council's <br />approval of the Preliminary Plat as set forth in the Resolution approving the <br />Preliminary Plat; <br /> <br />(d_~_) (-i-)-The City Council approves the Master Final plat; and <br /> <br />0-)-Except for the items expressly described in Section 4.5 below, the Developer's <br />recording of the Master Final Plat. <br /> <br />The Developer must satisfy the conditions subsequent described in this Section 4.2 on or before <br /> ., 2003 or the City may terminate this Development Agreement. The City's fight to <br />terminate this Development Agreement pursuant to this Section 4.2 is not subject to the notice <br />and cure provisions of Article 15. <br /> <br /> 4.3 APPROVAL OF FINAL PLANS FOR A PHASE. The RTC Project will be <br />developed in Phases. Except as provided in Section 4.4, no Development may occur on a phase <br />until a Secondary Developer has submitted a proposed Preliminary Plat and Proposed Final Plans <br />for the Phase to the City in accordance with the RTC Controls, and the Council has approved the <br />Preliminary Plat and Final Plans for that Phase in accordance with the RTC Controls. The City <br />C_o_ungiLis not obligated to approve the Final Plans for a Phase unless the City determines, <br />................................ ~ that all Public Improvements neeessa r the <br />Development of that Phase are available to serve that Phase or will be made available as <br />necessary to serve improvements_within that Phase pursuant to the terms of this Master <br />Agreement or the Final Plans for that Phase. <br /> <br /> 4.4 FINAL PLATS. After the Developer satisfies the conditions subsequent <br />described in Section 4.2, no Development may occur within any Phase until the City approves <br />the Final Plans for that Phase and the Final Plat for that Phase is recorded with the County; <br />provided, however, after the Developer satisfies the conditions subsequent described in Section <br />4.2, the following Development may occur without the Final Plans for a particular Phase being <br />approved and without the Final Plat for that Phase being recorded: <br /> <br />(a) <br /> <br />construction of the Developer Public Improvements; the Developer may not <br />commence the construction of work within a defined phase of the Developer <br />Public Improvements until the Developer has provided the City, prior to issuance <br />of any required Ci.ty permits., with a tette~Lette~r of c-~Credit: or alternative <br />security, authorized under Section 12.4, in the amount equal to 125% of the City <br />E~gie, e~'s estimate of the cost of the work to be completed as a part of each <br />portion of that Phase. The Developer'may not commence work which.is part ora <br />phase described in the Grading Storm Water Phasing Plan until the City has <br />obtained all approvals required by the Lower Rum River Water Management <br />Organization for the work that is a part of that phase and has paid the City the <br /> <br /> <br />