Agenda - Council Work Session - 09/02/2003

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(b) (c) 4.5 [ORAFTI inspection fees established by the RTC Ordinances for the work to be performed as a part of that phase. ~ construction of the City Public Improvements; the City will permit the Developer or a Secondary Develop.er.to obtain a building permit for the construction, up to and including the footings, of the Charter School upon the Developer's satisfaction of the conditions subsequent described in Section 4.2 above and the Developer's~.pr respective Secondary. Developer's, acquisition of site plan approval for the Charter School. The City may also require the execution of a Secondary Development Agreement with respect to the Phase which includes ~he Charter School. HOMEOWNERS' ASSOCIATIONS AND RESTRICTIVE COVENANTS. The City acknowledges that the Developer or Secondary Developers may utilize deed restrictions, covenants, agreements, architectural controls, home owners' associations and other means to control the use and to ensure the maintenance of the land within the RTC Project. -- 4.6 INCONSISTENCY AMONG RTC CONTROLS. In the event ora conflict between or among any of the RTC Controls, if the parties are unable to agree upon an amendment addressing the conflict, the higher item on the list shall control. Notwithstanding the foregoing, the provision in a lower listed item which is more restrictive on the Developer than the provision of a higher listed item shall not be deemed to conflict and the more restrictive provision shall control. 4.7 CHANGE OF ORDINANCES. The Council finds that the RTC Project is a planned and staged development within the meaning of Minn. Stat, § 462.358, Subd. 3(c). Pursuant to Minn. Stat. § 462.358, Subd. 3(c), the City agrees that for twelve (12) years from and after the date of this Master Agreement, the City will not, unless required othem4se by a court or higher governmental authority having jurisdiction, without the consent of the Developer, or any Secondary Developer for any Phase, change the Comprehensive Plan or the RTC Controts for the Subject Property or any Phase with respect to the following: (a) permitted, conditional or accessory uses; (b) development density; (c) lot size; (d) lot layout, depth and width; (e) building setbacks and height; (f) street dedication requirements; (g) the terms and conditions of Section 4.10 hereof; (h) platting requirements.