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8 188032v2 10. Upon completion of grading and utility work on the Development site, the Developer shall obtain, and submit to the City for review, a grading as-built and utility as-built survey. 11. The final Lighting and Photometric Plan for Phase 1 shall be reviewed and approved by the City prior to the City’s issuance of a grading and erosion control permit for Phase 1. 12. The access onto Lexington Avenue North shall be revised to a 3/4 access to prevent left turns out of the site. A “pork chop” median shall be constructed to prevent the left turns out. The 3/4 access shall be completed prior to the City’s issuance of any Development permits for Phase II of the Master PUD. 13. The Developer shall comply with all other City regulations regarding the Development. 14. That if Phase 2 does not start within 3 years the percent of perennials and shrubberies on the property shall be increased to 18.19%. 3. PHASED DEVELOPMENT. This Agreement is a phase of a multi-phased development: the City may refuse to approve subsequent phases if the Developer has defaulted under this Agreement and the default has not been remedied within a reasonable period of time after the Developer receives the City’s written notice regarding the default. Development of subsequent phases may not proceed until the City approves the agreement for those phases. 4. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved Development unless required by state or federal law or agreed to in writing by the City andDeveloper. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication