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A_R. TICLE 4 <br />TOWN CENTER DISTRICT L~ND USE CONTROLS <br /> <br /> 4.1 KESTR/CTIONS ON DEVELOPMENT. The Developer may not perrrst or <br />suffer any Development to occur on any part of the Subject Property (other than City Property <br />the Developer does not own) until the Developer satisfies the conditions subsequent described in <br />Section 4,2 below, Al[er the Developer satisfies the conditions subsequent described in Sect/on <br />4.2 below, the Developer may not, except as provided ha Section 4.4 below, perrmt or sufferany <br />Development to occur on any part of the Subject Property (other than City Prop erty the <br />Developer does not own) until the Council has approved Final Plans for a phase which includes <br />the part of the Subject Property upon which'the Development will occur. <br /> <br /> 4,2 CONDITIONS SUBSEQUENT TO CITY APPROVAL.. Notwithstanding any <br />other provision of tkis Master A~eement or the RTC Controls, the Developer may not perrmt or <br />suffer any Development to occur on any part of the Subject Property (other than portions of the <br />Subject Property the City owns) until the Developer has satisfied .each of the following <br />conditions subsequent to the City's approval oft his Master Ag-reement: <br /> <br />(a) <br /> <br />(b) <br /> <br />(c) <br /> <br />The Developer acquires title to all of the Subject Prope~'y (except the City <br />Property), executes and records th.is Master Ageen{ent and causes any lienholder <br />to subject its interest in the Subject Property to the terms of this Master <br />Agreement and the Master Final Plat as contemplated in Section 3.3. <br /> <br />The Developer satisfies all of the conditions subsequent to the Council;s approval <br />of the Preliminary Plat as set forth in the Resolution approving the Preliminary <br />Plat; <br /> <br />The Council approves the Master Final Plat; and <br /> <br />(d) <br /> <br />Except for the items expressly described in Section 4.4(b) and 4.4(f), the <br />Develope['s recording of the Master Final Plat. <br /> <br />The Developer must satisfy,, the Conditions subsequent described in this Section 4.2 on br Before <br />December 31, 2003 or the City may terminate this Development Agreement.' The City!s fi~t to <br />terminate th.is Development A~eement pursuant to this Section 4.2 is not subject to the hot/ce <br />and cure provisions of Article 15. <br /> <br /> 4.3 g2PROVAL OF FINAL PLANS-FOR A Pi-L~kSE. 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 />Prelim/nary Plat and Final Plans for that Phase m accordance with the RTC Controls. The <br />Council will not approve the Final Plans for a Phase if the Public Improvements the Street and <br />Utility Phasing Plan indicates will be constructed in connection, with the portion of the Subject <br />Property that includes the Phase are not constructed and the Council is not satisfied that such <br />Public Improvements wit] be constr~acted pursuant to the ten'ns of tSjs Master Agreement or the <br />Sesondary Development A~eement for that Phase prior to the completion of that Phase. In <br />connection with the Development of a Phase, the Ci~ may require the Developer or Secondary <br /> <br /> <br />