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THIS A(iKF.KIMKNT and KKliRASF. made and entered into tins day of <br />. 2005 by and between the City ol (Jrono, a municipal coipoiatirm located in <br />the (bounty of Hennepin, Stale o(‘ Minnesota (hereinalter relened to as ('ily of Orono) <br />and liric and lilizalxrth Vogstrom, owners of the properly at 2618 Casco Point R(»ad, <br />Way/ata, MN (hercinaner referred to as the Vogsiroms). <br />In consideration of the covenants contained herein, and in consideration of the <br />Vogstrom ’s agreement to restore vegetation, on their property and adjacent City ol’Orono <br />pro|)erty, as shown on the Vegetation Kesloralion Plan attached as Hxhibil A to this <br />document, to replace trees and undergrowth removed on the Vogstroms ’ properly in <br />violation of City Codes and on adjacent properly within the City limits of the City of <br />Orono, the parties agree as follows: <br />I. I he legal description of the Vogsirom property is ns follows: North 80 lect of <br />Itlock 3, Winships Subilivision of l.<U I, Spring Park Second Addition, Hennepin <br />County, Minnesota (hercinafler, the Property) <br />2. This AtiKPPlMPNT resolves Ihe dispute related to the unnuthori/ed removal of <br />trees and vegetation from the Properly within 75 ’ of the shoreline of l ake <br />Minnetonka and on adjacent City of Orono properly. <br />3. The (.'ily of Orono agrees to diseonliiiue pursuit of legal action against the <br />Vogsiroms related to the unauthori/ed removal of trees and vegetation clear <br />eulting within 75 ’ of Ihe .shoreline of Take Minnetonka, in e.xehange for Ihe <br />Vogsiroms and/or their succe.ssors and assigns agreement to plant and maintain <br />the trees, shrubs and groundcovers .set out in the Vegetation Kesloralion Plan <br />which is attached as Pixliibit A to this document. The trees and other plantings <br />shall be planted as .st)on as practicable, but in no ease shall a Certificate of <br />Occupancy be issued until Ihe Vegetation Restoration Plan has been fully <br />executed. <br />d. The City of Orono may enter the Property to in.speel the planting, in order to <br />determine that the trees, sbrubs and groundcovers are planted itt accordance with <br />Ihe Vegetation Re.storation Plan. <br />5. I he Vog.stroms and their .succe.s.sors and n.s.sign.s shall allow an annual inspection <br />by the (’ily of Orono to determine that the trees, shrubs and groundcovers arc <br />growing,, anti the Vogstroms anti then succe.s.stirs anti assigns shall replant any <br />trees, shrubs tn grounticoveis that are tleatl t>r tlying, and shall use best efforts to <br />facilitate the life anti giowth t>l the tiees, shrults and grt)untlct)vers. Phis <br />retpiirement shall ettniinue in effect until each of Ihe trees has reached a diameter <br />t»f six inches, ta 19 inches in ciicianlerence, at a ptiint measuretl three feet abt)ve <br />the ground.