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3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of <br />the Property and the construction therein of certain public and private improvements. The <br />Developer may not grade or otherwise disturb the earth, remove trees or construct public or <br />private improvements or any buildings within the Subdivision until all the following conditions <br />precedent have been satisfied: <br />A. the Developer has executed and recorded with Washington County all drainage and <br />utility easements required for the Subdivision by the City Engineer and the Public <br />Works Director in the City's standard form; <br />B. this Agreement has been executed by the Developer and the City; <br />C. the required Security (as hereinafter defined) have been received by the City from or on <br />behalf of the Developer; <br />D. final construction plans and specifications have been submitted by the Developer and <br />approved by the City Engineer; <br />E. the Developer has paid the City for all legal, engineering and administrative expenses <br />incurred by the City regarding the City approvals and has given the City the additional <br />City Engineering Administration Escrow required by this Agreement; <br />F. the Developer has received all necessary permits from the MPCA, MOH, DNR, <br />applicable watershed, Washington County, and any other agency having jurisdiction <br />over the Subdivision; <br />G. the Developer has provided the City with a certificate of insurance required by this <br />Agreement; <br />H. the Developer, the Developer's engineer and the Developer's contractor(s) have <br />initiated and attended a preconstruction meeting with the City Engineer, and City staff; <br />I. the final plat has been recorded with Washington County; <br />2