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. ,� . , . . 4� , • . �� Cit� of ORONO � • �. RESOLUTION OF THE CITY COUNCIL � N0. 1713 • �' � - • • . 3. The undersigned shall indemnify and hold harmless the City, the City Council, and the agents and employees of the � City from and against all claims , damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims , debts or obligations in consequence of his performance of the following improvements: Construction of stairway and timber retaining wall structures encroaching on or located within the right- of-way of Fagerness Point Road: � - ' 4. The retaining wall/planter/stairway structures shall be brought into compliance with pertinent sections of the building code. � • 5. Applicant is placed on notice that this property contains excessive amounts of hardcover over that allowed as noted above, and that any future improvements to this property involving an increase in hardcover must be matched with the removal of existing hardcover. 6. Authorities granted by these variances run with the property not with the owner, but are permissive only and must be exercised by application for an after-the-fact construction permit within one year of the date of Counci 1 approval , or this variance will expire on that date (December 10, 1985 ) . 7. Violation of or noncompliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs; successors arid assigns, hereby agrees to the recording of. this resolution in the chain of title of the property. � • ' . Page 4