Agreements with bldr/owner/city-2008-2009

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� ' i �' T � � NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND UNDERTAHINGS CONTAINED HEREIN,THE PARTIES AGREE AS FOLLOWS: 1. PROPERTY OWNER: ■ The Property Owner shall submit plans to the City Engineer identifying the location and specifications for a pertnanent rain gaxden to be installed on the Subject Property as mitigation for the 117 square feet of excess hardcover. Upon receiving approval from the City Engineer, the Property Owner shall construct and install the rain garden on the Subject Property per the approved plans dated Apri19, 2009. ■ The Property Owner shall provide and implement and construct landscaping for the area around the shed�ursuaut to the landscape plan submitted and approved by the City dated Apri19, �OU9. ■ The Property Owner may renovate the shed provided any and all maintenance is architecturally consistent with the primary residence. Property Owner agrees that renovation may not increase the overall size or dimensions of the shed. ■ Property Owner shall remove all pavers or other non-pervious materials within the vicinity of the shed excepting the 35 square feet steps,previously authorized by the City. 2. THE CITY: The shed located within the 0-75 foot zone on the property shall remain on the Subject Property provided the conditions set forth in paragraph 1 hereof are satisfied. ■ The City shall issue such building permits for renovation and maintenance of the shed for Property Owner to implement architecturally consistence with the primary residence required in paragraph 1, above. ■ The City shall issue a final certificate of occupancy for the residence located on the Subjec�Froperty upon completing tr�e:tems set fartl� in paragraph 1 above, Orono �ity Council Resolution 5601, as modified by this Agreement and applicable regulations set forth by all applicable government agencies. The City agrees to release or refund to Property Owner all forms of security posted by the Property Owner with the City in connection with Subject Property,upon the issuance of the final certificate of occupancy. ■ The City agrees that this Agreement modifies and amends any terms and conditions in Orono City Council Resolution 5601 and recorded as Hennepin County document number 4464906,to the extent inconsistent with the terms and conditions of this Agreement. The City further agrees to undertake, implement and authorize, at the City's initiative, any official approvals that may be required to implement or carry out the terms, covenants,undertakings and agreements of the City contained of this Agreement. 140991