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39. The Orono Planning Commission determined that the conservation design <br /> plan submitted for the January 17, 2012 hearing was incomplete and requested Gherardi <br /> to review the conservation regulations and provide additional detail and analysis, to <br /> which Gherardi agreed. <br /> 40. Shortly thereafter, the conservation design plan was revised to include <br /> additional detail and to align with the requirements of Orono's conservation design <br /> regulations, Orono City Code § 78-1634 et seq. The revised conservation design plan <br /> was dated February 4, 2012 ("Conservation Design Plan," attached hereto as Exhibit B) <br /> and was submitted by Gherardi to the Orono Planning Commission for review. <br /> 41. The revised Conservation Design Plan noted the presence of"tree stands <br /> and native grassland" on the Property and included a map indicating a large portion of the <br /> Property encumbered by these ecological conditions. <br /> 42. The Conservation Design Plan made a number of specific <br /> recommendations, including the following: <br /> 7. Long Term Preservation—The future property owners will maintain the <br /> North Tree Stands, and the South Native Grassland. <br /> 8. The future property owner will agree to the items specified in this <br /> document by covenant agreement with the City of Orono. <br /> 43. As indicated in the Conservation Design Plan itself, the recommendation in <br /> the Conservation Design Plan for the future property owner to agree to the Conservation <br /> Design Plan by covenant agreement with Orono was expressly related to Item 8 of <br /> Orono's "Conservation Design Check List," which cites and quotes Orono City Code § <br /> 78-1639 (titled "Buyer Education"): <br /> 8 <br />