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WHEREAS,the City Council has granted said variances as documented within Final <br /> Plat Resolution No.4657,subject to the execution of this Covenant establishing conditions under which <br /> the Barn and the Arena may continue to exist and be used within Lot 5; and <br /> WHEREAS,the City Council variance approval requires the filing of this Covenant in <br /> the title of Lot 5. In order to identify all parties within an interest in the subject property,the Applicant <br /> is required to provide title information to City staff as requested. All parties with an interest in this <br /> property shall sign this covenant. <br /> NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE <br /> FOLLOWING: <br /> 1. The following conditions shall control the existence of the Barn and the Riding Arena: <br /> A) No future subdivision of Lot 5 will be approved that places the Barn or the Riding Arena <br /> within a lot that has no principal residence structure. <br /> B) Should Applicant wish to demolish the existing principal residence structure within <br /> Lot 5 and replace it with a new principal residence structure,the Barn and the Riding <br /> Arena may remain without a principal structure during the demolition and <br /> reconstruction process, but only for a period to be determined by the Orono City <br /> Council. If no principal structure is fully constructed and completed on the property <br /> by the end of the determined period, the Barn and the Riding Arena shall be <br /> removed. <br /> C) If a future subdivision or lot line rearrangement results in the area of Lot 5 (or the area <br /> of whatever Lot would then contain the Barn and the Riding Arena)being reduced below <br /> 7.3 acres,the Barn and the Riding Arena shall at that time be removed. <br /> 2. The following conditions shall control the use of the Barn and the Riding Arena: <br /> A) Use of the Barn and Riding Arena shall be restricted to the keeping and raising of <br /> livestock and the storage of related equipment, feed, materials, machinery and <br /> accessories for the keeping and raising of livestock or farming. <br /> B) Commercial use of the Barn and Riding Arena shall not occur except as may be <br /> permitted by the Orono Zoning Code upon the granting of the appropriate conditional use <br /> permit or other approvals. <br /> C) The number of animals that may be kept on Lot 5 shall be in compliance with the <br /> standard provisions of the Orono Zoning Code. <br /> LMW-195215v4 - 2 <br /> AL205-2 + <br />