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<br />. <br />I <br />. SITE DEVELOPMENT ILANDSCAPING AGREEMENT <br /> 1.0 PARTIES. This Agreement is dated the 11 th day of December, 2006, and is <br /> entered into by and between the CITY OF ARDEN HILLS, a Minnesota statutory <br /> city (the "City") and HEIN NGO and NGUYET KY, husband and wife ("NGO/KY"). <br /> 2.0 RECITALS. <br /> A. NGO/KY are the record fee owners of property located at 3433 Lake <br /> Johanna Boulevard, City of Arden Hills (the "Property"). <br /> B. NGO/KY intend to construct a single family dwelling on the Property. <br /> C. During July, 2006, in preparation for the construction of the single <br /> family dwelling, NGO/KY caused the Property to be clear cut of its trees, <br /> in violation of City's Development Regulations. <br /> D. The City has agreed to suspend further action in regard to the violation <br /> of the City's regulations and NGO/KY have agreed to landscape the <br /> Property pursuant to the terms of this Agreement. <br /> 3.0 TERMS AND CONDITIONS. In consideration of the undertakings herein <br />. expressed, the City and NGO/KY agree as follows: <br /> A. Landscaping Improvements. Except as provided herein, NGO/KY will <br /> construct the landscaping improvements illustrated on Exhibit A <br /> attached and incorporated (the "Landscaping Plan"). <br /> 1. Modifications. The Landscaping Plan shall be modified as follows: <br /> a. The Black Hills Spruce trees shall be at least ten (10) feet <br /> tall upon planting. <br /> b. The Sienna Glen maple trees shall be at least three (3) <br /> caliper inches upon planting. <br /> c. The Velvet Pillar Crabapple trees shall be at least two <br /> and one-half (2.5) caliper inches upon planting. <br /> d. Any mulch or other similar materials used to cover the <br /> ground shall be neutral in color. <br /> e. The Autumn Brilliance Clumbberries shall be at least <br /> seven (7) feet tall upon planting. <br />. <br />