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Vogstroiu stated he is in agreement with marking tiiat area. <br />Murphy noted Item 6 on page 4 of the resolution requires a performance deposit, and inquired whether an <br />amount has been determined. <br />Gaffron stated the amount is $32,430, which is 150 percent of the City Engineer’s estimated cost for <br />implementing the vegetation restoration plan. <br />Murphy noted the agreement requires the deposit to be held by the City until June 30, 2006, and <br />suggested that the City retain the performance deposit until June 30,2008, to ensure that the vegetation <br />will survive. <br />Peterson stated she does have an issue with Item 6 in Exhibit E regarding an annual inspection by the City <br />ofOrono. Peterson indicated she would prefer to have a semi-annual inspection. <br />Vogstrom indicated he is fine with increasing the frequency of the inspections. <br />Gaffron stated once the trees reach six inches in diameter, the City typically no longer inspects them. <br />Uarrett recommended Paragraph 11 in Exhibit E be amended to read that this agreement may be filed <br />against the property, and applies to the Vogstroms, their heirs, and successors of the land. Uarrett <br />reeommended adding Paragraph 12, which would state that the parties agree to di.sclose that the <br />agreement is enforceable by conjunctive relief tliough legal remedies tliat may be available, and tliat the <br />signature section on Exhibit E be ameixied to include the Vogstroms, their heirs, or successors. Uarrett <br />indicated tliat language would notify future property owners that this agreement would be enforced <br />against them. <br />Essen stated he has no objections to the variance for hardcover and that he is in suppt)rl of a new <br />residence being constructed on this lot. Essen stated approximately one foot oil of his property lino is <br />located a 36 inch oak tree. Essen expressed concern that that oak ta*e would be killed if the house is <br />coii.structcd in the proposed locution. Essen indicated he would be in support of moving the house five <br />feet to the noilh, which woulti give the tree an additional five feet ofnxU space and possibly enhance the <br />life of that tree.