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5. The retaining walls within the 0-75’ setback zone shall be shielded when viewed <br />from the lake by vegetative screening. <br />6. Authorities granted by this resolution run with the property not with the <br />applicants, but are permissive only and must be exercised by obtaining a building <br />permit for the new construction within one year of the date of Council approval, <br />or the variance and conditional use permit will expire on that date (May 9,2006). <br />7. Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />termiiute any authority granted herein, and shall be punishable as a mi.«'’?meanor. <br />8. The undersigned applicants have read, understand and hereby agree to the terms <br />of this resolution and on behalf of the applicants and the applicants ’ heirs, <br />successors and assigns, hereby agrees to the recording of this resolution in the <br />chain of title of the property. <br />Adopted by the Orono City Council on the 9"* day of May, 2005. <br />ATTEST: <br />Linda S. Vee, City Clerk Barbara A. Peterson, Mayor <br />Property Ownerfs) <br />Page 4 of 6