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<br />FIRST AMENDMENT TO THE <br />SITE DEVELOPMENT/lANDSCAPING AGREEMENT <br /> <br />1.0 PARTIES. This Agreement is dated the _ day of , 2007, 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 <br />("NGO/KY"). <br /> <br />2.0 RECITALS. <br /> <br />A. The City and NGO/KY are parties to the certain Site Development! <br />Landscaping Agreement dated December 11, 2006 ("Agreement"). <br /> <br />B. The Parties wish to Amend Section 5 of the Site Development <br />/Landscaping Agreement as hereinafter specified. <br /> <br />3.0 TERMS AND CONDITIONS. In consideration of the undertakings herein expressed, <br />the City and NGO/KY agree as follows: <br /> <br />A. Section 3 (A)(5) of the Agreement is hereby Amended in its <br />entirety to read as follows: <br /> <br />5. Securitv for Landscape Improvements, The Landscape <br />Improvement plan shall be completed by September 1, <br />2007. Upon execution of this First Amendment to the <br />Agreement, NGO/KY shall escrow $3,000 with the City <br />("Landscape Escrow"). The Landscape Escrow and any <br />interest accruing thereon shall be retained by the City <br />until September 1, 2009. <br /> <br />If the landscaping plan is not completed by September 1, <br />2007, the City shall estimate the cost of completing the <br />Landscape Improvements and NGO/KY shall escrow such <br />estimated cost with the City or, in the City's sole <br />discretion, it may assess the estimated cost of <br />completing the Landscape Improvements against the <br />NGO/KY property without the necessity of a public <br />hearing. The amount of the assessment shall include the <br />cost of completing the Landscape Improvements and all <br />costs incurred or estimated to be incurred by the City <br />including, but not limited to, the costs of a landscape <br />