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contained. Developer further warrants it is authorized to develop the Subject Property without the consent, participation or pennission of any other person or entity. 3. Purchase and Development A1!reement Dated Julv 5. 2005. Developer has entered into a Purchase and Development Agreement dated July 5, 2005 (purchase and Development Agreement) with the HRA and the City. It is agreed that the terms of this Subdivision and Development Agreement supplement and do not replace any of the tenns ofthe Purchase and Development Agreement between the HRA, City and Developer. 4. Phased Develooment. Developer agrees that the development of the Subject Property will not occur in more than three phases. The approved phases are shown on the approved site plan which is on file at Hastings City Hall (City Hall). Developer agrees it will not deviate fTom this approved phasing plan without the prior approval of the City with the exception that Developer may reverse the development order of Phase 2 and Phase 3. Developer further agrees that failure to follow the phasing plan shall be grounds for the City to withhold any future approvals sought by Developer. Developer further agrees the approved phasing plan is a material inducement to get the City to approve Phase 1. 5. Number of Residential Units Aoproved. Phase 1 as shown on the approved site plan has been approved for 28 residential condominium units to be constructed within one 4-story building with underground parking on Lot 2 of the Subject Property. The architectural style of this condominium building must be substantially similar to the elevation drawings on file at City Hall. 6. Sewer Interceptor Fees. Before the City will release the final plat for recording, Developer must pay to the City sewer interceptor fees for Phase 1 only in the amount of$II,972.00. This represents 28 units times $365.00 per unit plus .80 acres times $2,190.00. Phases 2 and 3 will require the payment of additional sewer interceptor fees in an amount based upon the ordinances in effect at the time the land is sold to Developer. These sewer interceptor fees shall be paid at the time the land for Phase 2 or 3 is sold to Developer. 7. Park Dedication Fees. Before the City will release the final plat for recording, Developer must pay to the City park dedication fees for Phase 1 only in the amount of$32,000.00. This represents 28 units times $1,100.00 per unit plus .80 acres times $1,500.00. Phases 2 and 3 will require the payment of additional park dedication fees in an amount based upon the ordinances in effect at the time the land is sold to Developer. These park dedication fees shall be paid at the time the land for Phases 2 or 3 is sold to Developer. 8. Esolanade. At the time Developer constructs Phase 1, Developer shall also construct the esplanade and lighting on Lot 2 of the Subject Property as shown on