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FREDRIKSON&BYRON,P.A. <br /> Attorneys and Advisors <br /> Thomas J. Barrett,Esq. <br /> 10 December 1998 <br /> Page 4 <br /> and replacement is approximately$9,985.00. As a result of their failing septic system,the Ames <br /> have suffered the additional hardship of being unable to install a driveway or complete <br /> landscaping on their property,due to the damage which will be caused by the heavy equipment <br /> necessary to install a new septic system. <br /> The third main problem area with the Ames' home involves the roof. The City allowed RKO <br /> Homebuilders to install a roof on the Ames home which represented a major deviation from the <br /> approved site plan. The City,however, did not formally approve any deviations from the <br /> approved site plan. Curiously,the City has apparently destroyed the truss and overhead roof <br /> plans which were in its files. As a result of this major deviation,the current configuration of the <br /> roof results in"snow trap"areas,which cause the roof to leak. In order to repair these problems, <br /> the Acnes have been forced to expend approximately$4,800.00. <br /> In conclusion,the City's actions concerning their home have been a nightmare for the Ames. <br /> The City has continually failed to offer the Ames the protection and assistance to which all City <br /> of Orono taxpayers are entitled. The City misrepresented the condition of the Acnes' property, <br /> took affirmative actions which exacerbated the problems with the Acnes' mound septic system, <br /> and allowed changes to be made to the approved site plan which resulted in further damage to the <br /> Ames. Additionally,the City has refused to take legal action against the Acnes' builder,despite <br /> repeated promises that it would do so. Now is the time for the City to take some responsibility <br /> for its actions, and reimbursing the Ames for their costs incurred as a result of the three problems <br /> discussed above would go a long way towards easing the anxiety and suffering the Ames have <br /> experienced over the last seventeen months. Please contact me concerning an agreeable <br /> resolution of this matter. <br /> Very truly yours, <br /> Mark W.Vyvyan <br /> MWV:mj/2205824-1 <br /> cc: Lori and Mike Arne <br /> Ron Moorse <br /> Gabriel Jabbour <br />