Agenda - Economic Development Authority - 12/01/2003

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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.? 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, Sub& 3(c), the City agrees that for twelve (12) years fi:om and after the date of this Master A~eement, the City will not, unless required otherwise by a court or higher governmental authority, having juris.diction, without the consent of the Developer, or any Secondary Developer for any Phase, chang~ the Comprehensive Plan or the RTC Controls 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) planing requirements. If the Developer ,or a Secondary Developer, with the Developer's consent, requests a change to the RTC Controls for a specific Phase and the City, grants the change, then the above restrictions do not apply for that Phase to the extent necessary to accommodate the requested change. The provisions of this Section 4.7 do not apply to provisions of the City's ordinances establishing "connection" or establishing utility "connection" or "hook up" fees and charges or utility rates; provided, however, the City agrees that the City will not charge the Developer or any Secondary Developer any higher fees or charges than those charged to other landowners within the City. 4.8 SUBDWISION MONUMENTS. Prior to the Ci~'s execution of a Final Plat, the Developer or a Secondary Developer, as the case may be, must, at its own expense, mstaI1 . subdivision monuments pursuant to the requirements of the City's Zoning Ordinance as - interpreted by the City's engineer. z~.9 DEDICATION OF PUBLIC RIGHTS OF WAY. The Master Final Plat dedicates to the public all rights-of-way necessary, for the City's construction of the City Roadway Improvements including sufficient fight-of-way for the pedestrian sidewalks and trails which, pursuant to the Parkland and Trail Plan, the Developer is to construct adjacent to the City Roadway Improvements. The Final Plat for each Phase must dedicate to the public the necessary fights-of-way for all public fi~hts-of-way (including public sidewalks and tx'mis) to be located