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` „� ,........ � � NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND UNDERTAK[NGS CONTAINED HEREIN,THE PARTIES AGREE AS FOLLOWS: 1. PROPERTY OWNER: ■ The Property Owner shall submit plans to the City Engineer idenhfyin.g the locatian and specifica.tions for a permanent raa.n garden 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 Properiy Owner shall construct and install the rain garden on t�e Subject Property per the approved plans dated September_,2008. ■ The Property Owner shall pruvide and implement and construct landscaping for the azea . around the shed pursuant to the landscape plan submitted and approved by the City da.ted September_,2008. ■ 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 di.mensions 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 of steps,previously authorized by the City. 2. THE CI1'Y: The shed located within.the 0-75 foot zone on the properly shall remain on the Subject Property provided the conditions set forth in para.graph 1 hereof are satisfi�. � ■ The City shall issue such building permits for renovation and maintenance of the shed � for Property OwneY'to implement azchitecturally consistence with the primary residence required in paragraph 1, above. ■ The City sha11 issue�a final certificate of occupancy for the residence located on the Subject Property upon completing the it�ems sei forth in paragraph 1 above, Orono City Council Resolution 5601,as modified by tbis Agreement and applicable regulations set� � forth by all applicable govemment agencies. The City agrees to release or refund to Property Owner all forms of security posted by the Property Owner with the Ciiy in connection with Subject Property,upon the issuasice of the final certificate of occupaacy. ■ The City agrees that tlus Agreement mocii.fies 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 tYris Agreement. The Gity further-agrees to_undertake,implement_and_authorize,at the___ _ _. ___ City's initiative, any official approvals tha.t may be required to im.plement or carry out the terms,covenants undertakings and agreements of the City contained of this Agreement. 140991