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WHEREAS,at the Applicants' request, the City intends to allow the private dock to <br /> remain on the Subject Property during demolition of the existing principal structure and during <br /> construction of the new principal residence structure with the expectation that said private dock <br /> will again become conforming as soon as construction of the new principal residence is <br /> completed. <br /> NOW,THEREFORE,THE PARTIES TO THIS AGREEMENT AGREE TO THE <br /> FOLLOWING: <br /> 1. Applicants may retain the existing private dock, subject to the following conditions: <br /> A) Applicants agree to submit a complete, conforming building permit application <br /> for construction of the replacement residence within ninety(90) days of <br /> demolition; to begin construction on the new residence within one hundred twenty <br /> (120) days of demolition; and to complete all exterior work within one(1)year of <br /> building permit issuance and interior work within two (2) years of building permit <br /> issuance. <br /> B) In the event that any activity described in item A)has not been accomplished <br /> within the defined timeframe, the Applicants shall remove the private dock at the <br /> Applicants' expense. <br /> C) If one of the item A) events occur and the Applicants fail to perform their removal <br /> obligations per the above provisions, the Applicants hereby agree as follows: <br /> (1) The City may enter upon the property and remove the private dock. <br /> (2) The City may assess the costs of removal to the property. <br /> 2. This Agreement shall be binding upon current and future owners of Subject Property, and <br /> shall be filed within the chain of title of the Subject Property. <br /> 3. 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 signatures upon this document. <br /> 4. 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 /> APPL S: <br /> S awn R. McIntee <br /> 2 <br /> 176335vl <br />