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NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE <br /> FOLLOWING: <br /> 1. Applicants may retain the Existing Accessory Structure on the Subject Property during <br /> the completion of the construction of the addition to Principal Structure, subject to the <br /> following conditions: <br /> A) Applicant agrees to obtain the necessary building permits for construction all <br /> project. <br /> B) Applicants agree to complete the demolition and removal of the Existing <br /> Accessory Structure, complete grading and landscaping within 60 days of the <br /> final inspection for the addition to the Principal Structure, and obtain an <br /> inspection and approval by the City. <br /> C) If the Applicants fail to (i) perform the demolition and removal obligation of the <br /> Existing Accessory Structure on the Subject Property; and (ii) complete grading <br /> and landscaping and obtain City inspection and approval, as set forth in <br /> subparagraph B above, the Applicants hereby agree as follows: <br /> I) The City may enter upon the Subject Property and remove the Existing <br /> Accessory Structure; <br /> 2) The City may enter upon the Subject Property and complete grading and <br /> landscaping; and <br /> 3) The City may assess the costs of removal to the Subject Property. <br /> 2. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of <br /> this Agreement and to its terms, as shown by his/her/their/its signature(s) upon this <br /> document. <br /> 3. Applicants shall indemnify and hold harmless the City,the City Council, and the agents <br /> and employees of the City from and against all claims, damages, losses or expenses, <br /> including attorney fees, which the City, City Council and agents and employees of the <br /> City may suffer or for which it may be held liable, arising out of or resulting from the <br /> assertion against them of any claims, debts or obligations in consequence of the <br /> performance of the terms of this agreement. <br /> (Signatures contained on the following pages.) <br /> 2 <br /> 176503v1 <br />