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6. The Vogstroms and their successors and assigns shall allow an annual inspection <br /> by the City of Orono to determine that the trees, shrubs and groundcovers are <br /> growing, and the Vogstroms and their successors and assigns shall replant any <br /> trees, shrubs ar groundcovers that are dead or dying, and shall use best efforts to <br /> facilitate the life and growth of the trees, shrubs and groundcovers. This <br /> requirement shall continue in effect until each of the trees planted within 75' of <br /> the shoreline of Lake Minnetonka has reached a diameter of six inches, or 19 <br /> inches in circumference, at a point measured three feet above the ground. <br /> Additionally, this AGREEMENT shall continue in effect for the trees to be <br /> planted outside the 75' setback from the shoreline of Lake Minnetonka for no less <br /> than 5 years from their planting. <br /> 7. Performance Deposit: For the purposes of assuring to the City that the Vegetation <br /> Restoration Plan will be completed according to the terms of this AGREEMENT, <br /> and that the Vogstroms will pay all claims for work done and materials and <br /> supplies furnished, the Vogstroms have deposited with the City at the time of the <br /> execution of this AGREEMENT an irrevocable Letter of Credit from a Minnesota <br /> Bank in a form satisfactory to the City providing that the City is able to draw <br /> upon such Letter of Credit in its sole discretion to enter the property and complete <br /> the improvements if the Vogstroms fail to satisfactorily complete the work prior <br /> to the completion date specified in Item 4 above. The Letter of Credit shall be <br /> expire no sooner than three years after the completion date specified in Section 4 <br /> above, or no sooner than June 30, 2008 whichever is later, to ensure viability of <br /> the plantings. The amot►nt of such deposit shall not be reduced before substantial <br /> completion of the Vegetation Restoration Plan. <br /> 8. The Vogstroms and their successors and assigns shall not trim any of the parts of <br /> the trees or shrubs, or remove any of the trees or shrubs, without City of Orono <br /> approval. <br /> 9. The vegetation within the wetland and within 26' landward of the wetland <br /> boundary shall not be mowed. <br /> 10. This AGREEMENT shall remain in effect until both parties agree to amend or <br /> terminate this AGREEMENT. This AGREEMENT may be enforced by injunctive <br /> relief in the courts of the State of Minnesota. <br /> 11. This AGREEMENT may be filed against the Property. The Vogstroms agree to <br /> obtain the consent of any other holders of interests in the Property in order to <br /> allow this AGREEMENT and RELEASE to be filed. <br /> Page 2 of 3 <br />