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2021-07-12 Final Version 3 3. RIGHT TO PROCEED. Within the plat or Subject Property, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, 2) the Security has been received by the City, and 3) the plat, if any, and this Agreement have been recorded with the Ramsey County Recorder's and /Registrar’s Office within sixty (60) days of City Council approval, and 4) the City’s Administrator has issued a letter that the Developer may proceed. If the plat or this Agreement are not recorded within sixty (60) days of City Council approval, the approval shall be considered void. 4. PHASED DEVELOPMENT. Intentionally deleted. 5. PRELIMINARY PLAT STATUS. Intentionally deleted. 6. CHANGES IN OFFICIAL CONTROLS. For the period beginning on the date of this Agreement and continuing for two (2) years after the date that Developer is issued a building permit for the Development, 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 final plat or approved development unless required by state or federal law or agreed to in writing by the City and the Developer. The parties acknowledge that so long as Developer commences construction of the Development within two (2) years after issuance of a building permit for the Development, the Development shall be governed by the City’s Comprehensive Plan and all official controls affecting the Development as of the date of this Agreement. 7. DEVELOPMENT PLANS. The plat or Subject Property shall be developed in accordance with the following plans (“Plans”) and the plans submitted for the conditional use