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improved in compliance with the terms and conditions of this Agreement, and City Resolution No. 2012-052, <br /> adopted by the Arden Hills City Council on the 17th day of December, 2012, a true and correct copy of which is <br /> attached hereto as Exhibit C. <br /> 3. RIGHT TO PROCEED. Within the Site, except pursuant to permits issued by the City,the Developer may not <br /> grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or <br /> private improvements, or modify or construct any buildings until all the following conditions have been satisfied: 1) <br /> this Agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary Security (as <br /> defined below) has been received by the City, 3) this Agreement has been recorded with the Ramsey County <br /> Recorder or Registrar of Titles, and 4) the City Planner has issued a letter stating that conditions 1 through 3 herein <br /> have been satisfied and that the Developer may proceed. Provided item 4 has been satisfied, the City Engineer will <br /> issue the Developer a letter authorizing the Developer to proceed with improvements to the Site. <br /> 4. [Reserved]. <br /> 5. PROPOSED REDEVELOPMENT AND REDEVELOPMENT PLANS. The Developer intends to remodel the <br /> existing structure and construct a 74-unit residential apartment on the Site, consisting of 19 efficiency units, 6 <br /> one-bedroom units, 18 two-bedroom units, and 31 three to four-bedroom units, with 20,000 square feet of retail <br /> or commercial use, as shown and detailed in the Plans. The Developer shall install full kitchens (including counter <br /> top, sink, refrigerator, base cabinet drawers, and a range/oven) in each unit. As reflected in the Plans and except <br /> as expressly approved herein, Developer shall modify the existing structures and Site to comply with current <br /> building code requirements. The Developer shall provide the following amenities: a fitness center, wi-fi lounge, <br /> theater room, gaming room, indoor bicycle parking, and storage for tenants on each floor. All four floors of the <br /> building would be constructed contemporaneously (not in phases). The former McGuire's restaurant and banquet <br /> facilities is in the process of being converted to approximately 20,000 square feet of retail but the interior retail <br /> conversion will not be finalized or completed until the actual tenants' needs are determined. <br /> As part of the conversion, the exterior fagade of the western half of the south side of the building would <br />