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3.0 PUD APPROVAL: The CITY hereby grants approval of the Planned Unit Development (along with Exhibits A through _ in Section 4.0 of this Agreement), subject to the DEVELOPER's compliance with the terms and conditions of this Agreement. The City agrees to approve applications for building permits after the effective date of this agreement, if said applications are consistent with the plans identified in Section 4.0 below. For any improvements proposed thereafter, notwithstanding anything in this Agreement to the contrary, the CITY may require compliance with any amendments to its Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 4.0 APPROVAL by the CITY The CITY hereby approves the following plans on file with the City. The DEVELOPER shall develop the subject property in accordance with these plans. If, however, the plans vary from the written terms of this Agreement, the written terms shall control. If the plans address items not specifically addressed in this Agreement, the plans shall govern with respect to those items. The plans are: Exhibit A Certificate of Survey, including all land features & tree inventory, dated Exhibit B Final Plat (not recorded version) of The Villas at Midland Hills, dated Exhibit C Site Development Plan, including property boundary, proposed single family homes (structure footprint), curbing, islands, driveways, building setbacks from the single family home specific lot line, from periphery property line, and from the public street right-of-way, dated Exhibit D Gradi�g/Drainage Plan, illustrating existing grades and those proposed after completion of the proposed construction, drainage directions, erosion control (silt) fencing, spot elevations, proposed structure footprints including lowest floor and garage elevations, and storm water management control, dated Exhibit E Utility Plan, indicating existing and proposed sanitary sewer, water main, and storm sewer lines, dated Exhibit F Tree Inventory, Preservation, and Tree Clearing Plan, identifying those trees anticipated to be saved and the limits of preservation fencing, dated �