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� 7. Arden Viliage shaII instalI an additianal five trees between Gounty <br />Road F and the Arden ViIlage Projec�t. <br />: <br />The occupancy of the property shail he limit�d to no more than two <br />people per bedroom <br />9. Ardez� Village shall construct a six faot fenee along the eastern <br />property line such that it prevents access onto the Land 0'Lakes <br />property, subject to the approval of the City Planner, and canstruct a <br />six foot fence around the Land Q'Lakes caolin:g tower, subject to the <br />approval of Land 0'�.al�es, <br />10. Arden Village sha1I incIude the addendum to the Iease agreement <br />attached to their March 5, 2010, letter, subject to the review af the <br />City PIanner. <br />11. Arden Village shatl construct a six foot fence along the western <br />proper�r Iine such that it prevents access orno the Bethel University <br />property, subject to Che approva] aPthe City Fianner. <br />12. Arden Village shali provide s4und mitigation measures in the farm of <br />increasing the STC rating on the windows from Z8 ta 32. <br />� 13. Arden ViIlage shall pravide stone fa�ade treatments an a percentage <br />of the elevations of the building camparable to what was pravided on <br />the Maple ViIIage development in Maple Grove, MN as determined by <br />the City Planner. <br />�� <br />b.0 Contin�e,. ncies. City approvals of the Arden Viilage Application and publication of <br />the Rezoning are subject to Metropa}itan Councft approval af the Comprehensive <br />Plan Amendment, canveyance of the Property to Arc�en Village, recording af the <br />Final Piat, a�d exectztion of t�e Development Agreement on or before March 22, <br />241Q. <br />7.0 Waiver of Minngsota Chanter 15,99. Arden Village acknowledges that the Arden <br />Village Project requires financing, Metropolitan Council, and City approvals in order <br />to proceed. It will take more than 120 days to acquire aIi of the approvals; <br />consequently Arden VilIage waives the application of the provisions of Minnresota <br />Statute 15.99 io the City's review af the Arden Village Application and Arden Village <br />praject <br />8A Retationship of Pa ies. Na parrnership or jaint venfiures established between the <br />par�ies hereta by or under this Agreement ar any agreement referenced herein. <br />9.0 3uccessors and Assigns. This Agreement shaii be binding upon and inure to the <br />benefit a� the parties and their respected suecessars and assigns, including without <br />ti�nitation, any and all future and present owners, tenants, occupants, licensee, <br />5 <br />