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NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PRONIISES, <br /> COVENANTS AND UNDERTAHINGS CONTAINED HEREIN,THE PARTIES AGREE <br /> AS FOLLOWS: <br /> 1. PROPERTY OWNER: <br /> ■ The Property Owner shall submit plans to the City Engineer identifying the location and <br /> specifications for a permanent rain gazden to be installed on the Subject Property as <br /> mitigation for the 117 square feet of excess hardcover. Upon receiving approval from <br /> the City Engineer,the Property Owner shall construct and install the rain garden on the <br /> Subject Property per the approved plans dated Apri19,20Q9. <br /> ■ The Property Owner sha.11 provide and implement and construct landscaping for the area <br /> around the shed pursuant to the landscape p1an subxaitted and approved by the Cify dated <br /> Apri19,z0U9. <br /> ■ The Property Owner may renovate the shed provided any and a11 maintenance is <br /> architecturally consistent with the primary residence. Property Owner agrees that <br /> renovation may not increase the overall size or da.mensions of the shed. <br /> ■ Property Owner shall remove all pavers or other non-pervious materials within the <br /> vicinity of the shed excepting the 35 square feet steps,previously authorized by the City. <br /> 2. THE CITY: <br /> The shed located within the 0-75 foot zone on the property shall remain on the Subject Property <br /> provided the conditions set forth in paragraph 1 hereof are satisfied. <br /> ■ The City sha.11 issue such building permits for renovation and maintenance of the shed <br /> for Property Owner to implement architecturally consistence with the primary residence <br /> required in paragraph 1, above. <br /> ■ The City shall issue a final certificate of occupancy for the residence located on the <br /> Suhject I'raperiy upor completing t'�e 'itenzs. sei fortl�ui para.�rraph ? above, Orono �ity <br /> Council Resolution 5601, as modified by this Agreement and applicable regulations set <br /> forth by all applicable government agencies. The City agrees to release or refund to <br /> Property Owner all forms of security posted by the Property Owner with the City in <br /> connection with Subj ect Property,upon the issuance of the final certificate of <br /> occupancy. <br /> ■ The City agrees that this Agreement modifies and amends any terms and conditions in <br /> Orono City Council Resolution 5601 and recorded as Hennepin County document <br /> number 4464906, to the extent inconsistent with the terms and conditions of this <br /> Agreement. The City further agrees to undertake, implement and authorize, at the City's <br /> initiative, any official approvals that may be required to implement or cazry out the <br /> terms, covenants, undertakings and agreements of the City contained of this Agreement. <br /> 140991 <br />