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, t <br /> WHEREAS,the City intends to allow the private dock and storage shed to remain on <br /> the Subject Property during construction of the new principal residence structure with the <br /> expectation that said private dock and storage shed will again become conforming as soon as <br /> construction of the new principal residence is completed. <br /> NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE <br /> FOLLOWING: <br /> 1. Applicants may retain the existing private dock and storage shed, subject to the following <br /> conditions: <br /> A) Applicants agree to obtain a building permit for construction of the replacement <br /> residence within 60 days of demolition;to begin construction on the new residence <br /> within 120 days of demolition; and to complete all exterior work within 1 year of <br /> building permit issuance and interior work within 2 years of building permit issuance. <br /> B) In the event that any activity described in item A has not been accomplished within <br /> the defined timeframe,the Applicants shall remove the private dock and the storage <br /> shed at the Applicants' expense. <br /> C) If one of the item A events occurs and the Applicants fail to perform their removal <br /> obligations per item B,the Applicants hereby agree as follows: <br /> 1. T'he City may enter upon the property and remove the private dock and storage <br /> shed. <br /> 2. The City may assess the costs of removal to the property. <br /> 3. This Agreement sha11 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 /> 4. Applicants consent to the execution of this Agreement and to its terms, as shown by their <br /> signatures upon this document. <br /> 5. Applicants shall indemnify and hold harmless the City,the City Council,and the agents and <br /> employees of the City from and against all claims, damages, losses or expenses, including <br /> attorney fees,which the City,City Council and agents and employees of the City may suffer <br /> or for which it may be held liable,arising out of or resulting from the assertion against them <br /> of any claims, debts or obligations in consequence of the performance of the terms of this <br /> agreement. <br /> 2 <br />