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THIS AGREEMENT and REL�ASE made and entered into this o� day of <br /> �jj�P,� , 2005 by and between the City of Orono, a municipal corporation located in <br /> the County of Hennepin, State of Minnesota (hereinafter referred to as City of Orono) <br /> and Eric and Elizabeth Vogstrom, owners of the property at 2618 Casco Point Road, <br /> Wayzata, MN (hereinafter referred to as the Vogstroms). <br /> In consideration of the covenants contained herein, and in consideration of the <br /> Vogstroms' agreement to restore vegetation, on their property and adjacent City of Orono <br /> property, as shown on the Vegetation Restoration Plan attached as Exhibit A to this <br /> document, to replace trees and undergrowth removed on the Vogstroms' property in <br /> violation of City Codes and on adjacent property within the City limits of the City of <br /> Orono, the parties agree as follows: <br /> 1. The legal description of the Vogstrom property is as follows: North 80 feet of <br /> Block 3, Winships Subdivision of Lot 1, Spring Park Second Addition, Hennepin <br /> County, Minnesota (hereinafter, the Property) <br /> 2. This AGREEMENT resolves the dispute related to the unauthorized removal of <br /> trees and vegetation from the Property within 75' of the shoreline of Lake <br /> Minnetonka and on adjacent City of Orono property. <br /> 3. The City of Orono agrees to discontinue pursuit of legal action against the <br /> Vogstroms related to the unauthorized removal of trees and vegetation clear <br /> cutting within 75' of the shareline of Lake Minnetonl<a, in exchange for the <br /> Vogstroms and/or their successors and assigns agreement to plant and maintain <br /> the trees, shrubs and groundcovers set out in the Vegetation Restoration Plan <br /> which is attached as Exhibit A to this document. The trees and other plantings <br /> shall be planted as soon as practicable, but in no case shall a Certificate of <br /> Occupancy be issued until the Vegetation Restoration Plan has been fully <br /> executed. <br /> 4. Tlze trees, shrubs and groundcovers within 75' of the shoreline of Lake <br /> Minnetonka shall be planted no later than June 30, 200�. The trees, shrubs and <br /> groundcovers to be planted outside the 75' setback of the shoreline of Lake <br /> Minnetonka shall be planted prior to the issuance of a Certificate of Occupancy <br /> and no later than Septembei� 30, 2005. <br /> 5. The City of Orono may enter the Property to inspect the planting, in order to <br /> deterinine that the trees, shrubs and groundcovers are planted in accordance with <br /> the Vegetation Restoration Plan. <br /> Pa�e 1 of 3 <br />