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<br /> <br />E. The Developer shall install or cause to be installed and pay for the following (the <br />“Improvements”) as reflected in the Site Plan, and all plans related to the Project that <br />have been approved by the City (the “Approved Plans”), <br />a. Reuse or removal of existing sanitary sewer and water wyes/services <br />b. Surface improvements (paved streets, pathways, etc.) <br />c. Site grading <br />d. Landscaping <br />e. Other items as necessary to complete the development as stipulated herein or in <br />other agreements. <br /> <br />NOW, therefore, for good and valuable consideration, the receipt and sufficiency of which <br />are acknowledge, the Parties agree as follows: <br /> <br />ARTICLE ONE <br />CONSTRUCTION OF IMPROVEMENTS <br /> <br />1.01 Prerequisites to Construction of Improvements. Before commencing construction of the <br />Improvements, the Developer must satisfy all of the following conditions precedent: <br />a) Developer has provided proof that Developer is the fee owner of the Property and <br />that that no other parties have an interest in the Property other than those that have been <br />disclosed to and accepted by the City; <br />b) This Agreement has been executed by the Developer and the City and recorded <br />with Ramsey County by the Developer; <br />c) The Easement Agreement for the pathway along Albert Street North has been <br />executed by the Developer and the City and recorded with Ramsey County by the <br />Developer; <br />d) The right-of-way or sidewalk easement needed to include the existing sidewalk <br />along County Road B has been legally conveyed to Ramsey County; <br />e) A Stormwater Operations and Maintenance Plan has been approved by the City, <br />and a Stormwater Operations and Maintenance Agreement has been executed by the <br />Developer and the City and recorded with Ramsey County by the Developer; <br />f) The Developer has received all required land use approvals and other permits from <br />the City (the “City Approvals”); <br />g) The Developer has received City approval of all Plans as defined in Section 1.02 <br />herein; <br />h) The Developer has received all required approvals from other governmental <br />agencies including Minnesota Pollution Control Agency, Minnesota Department of Health <br />2 <br />RS160\\10\\864844.v1 <br /> <br />