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[DRAFT] <br /> <br />footine~, of the Charter School upon the Developer's satisfaction of the <br />conditions sUbsequent described in Section 4.2 above and the Developer's <br /> <br />acquisition of site plan approval for the Charter School. The Cit~, may also <br />require the execution of a Secondary Development Agreement with respect to <br />the Phase which includes the Charter School. <br /> <br />4.~5 4~4-HOMEOWNERS' ASSOCIATIONS AND RESTRICTIVE COVENANTS. <br /> <br />The City acknowledges that the Developer or Secondau, Developers may utilize deed <br />restrictions, covenants, ag-reements, architectural controls, home owners' associations and other <br />means to control the use and to ensure the maintenance of the land within the RTC Project. <br /> <br /> _4_._6 4-.-.-~iNCONSISTENCY AMONG RTC CONTROLS. In the.event o£a conflict <br />between or among any o£the RTC Controls, i£the parties are unable to a~ee upon an <br />amendment addressing the conflict, the higher item on the. list shall control. Nom'ithstanding <br />.t_he f_o_r_eg_oing, the pro~;ision in a lower listed item which is more restrictive on the <br />Developer than the provision of a higher listed item shall nOt be deemed to conflict and the <br />more restrictive __provision shall control. <br /> <br /> 4.._7 4.6 CHANGE OF ORDINANCES. The Council finds that the RTC Project is a <br />planned and staged development within the meaning of Mirm. Stat. § 462.358, Subd. 3(c). <br />Pursuant to Minn. Stat. § 462.358, Subd. 3(c.), the City a~ees that for twelve (12) years from and <br />after the date of this Master A~eement, the City will not, unless required otherwise by a court or · <br />higher goverrmaenta] author/ty having jurisdiction, without the consent of the Developer, or an), <br />Secondary Developer for an), Phase, change the ComPrehensive Plan or the RTC Controls for <br />the Subject Property or an3, Phase with respect to the following: <br /> <br />(a) permitted, conditional or accessory uses; <br /> <br />(b) development densiBq <br /> <br />(c) lot size; <br /> <br />(d) lot layout, depth and width; <br /> <br />(e) building setbacks and height; <br /> <br />(g) <br /> <br />street dedication requirements; <br /> <br />the terms and conditions of Section 4. l 0 hereof; <br /> <br />1555730.red <br />V8 tp V6; <br />8/29/03 <br /> <br />15 <br /> <br /> <br />