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2 <br />176503v1 <br />NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE <br />FOLLOWING: <br /> <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 /> <br />A) Applicant agrees to obtain the necessary building permits for construction all <br />project. <br /> <br />B) Applicants agree to complete the demolition and removal of the Existing <br />Accessory Structure, complete grading and landscaping within 60 of the final <br />inspection for the addition to the Principal Structure, and obtain an inspection and <br />approval by the City. <br /> <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 />1) 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 /> <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 /> <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 /> <br /> <br /> <br />(Signatures contained on the following pages.)