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<br />SITE DEVELOPMENT/LANDSCAPING AGREEMENT <br /> <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 /> <br />2.0 RECITALS. <br /> <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 /> <br />B. NGO/KY intend to construct a single family dwelling on the Property. <br /> <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 /> <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 /> <br />3.0 TERMS AND CONDITIONS. In consideration of the undertakings herein <br />expressed, the City and NGO/KY agree as follows: <br /> <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 /> <br />1. Modifications. The Landscaping Plan shall be modified as follows: <br /> <br />a. The Black Hills Spruce trees shall be at least ten (10) feet <br />tall upon planting. <br /> <br />b. The Sienna Glen maple trees shall be at least three (3) <br />caliper inches upon planting. <br /> <br />c. The Velvet Pillar Crabapple trees shall be at least two <br />and one-half (2.5) caliper inches upon planting. <br /> <br />d. Any mulch or other similar materials used to cover the <br />ground shall be neutral in color. <br /> <br />e. The Autumn Brilliance Clumbberries shall be at least <br />seven (7) feet tall upon planting. <br />