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AHENDMENT TO <br />RESOLUTION NO. 1023 <br />VINDKARO MARINE <br />1979 COMMERCIAL DOCK LICENSE <br />WHEREAS, Resolution 1023 was adopted on April 3, 1979, thereby granting <br />a 1979 Conmercial Dock Liccnre for 75 slips to Windward Marine in accordance <br />with the approved dock plan. Exhibit B, which license specifically excluded <br />approval for 9 additional slips and 30 moorings (buoys) located north of the <br />official zoning district boundary line, which slips and moorings have been <br />licensed by the City in 1977 and 1978; and <br />WHEREAS, the location of the zoning district boundary are in dispute; <br />and <br />WHEREAS, Mr. James Rivers and Windward Marine have in past years worked <br />in good faith with the City in improving the appearance and operation of the <br />marina and have made substantial improvements and entered into lease agreements <br />for the 1979 boating season in the belief that the operations in 1978 and prior <br />years were within a proper commercial zone; and <br />WHEREAS, Mr. James Rivers and Windward Marine have requested the City <br />to permit continued lease and use of the subject 9 slips and 30 moorings for the <br />1979 boating season with the understanding that such authorization would not <br />constitute an admission on the part of the City that Mr. Rivers is entitled to <br />use the disputed property for commercial purposes in any subsequent year or an <br />admission on the part of James Rivers that he is not entitled to use said pro­ <br />perty as he has been using same in prior years. <br />NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of <br />Orono hereby amends Resolution No. 1023 and the 1979 Conmiercial Dock License of <br />Windward Marine to permit use of all 84 slips and 30 moorings shown on Exhibit B <br />during the 1979 boating season, without a commitment by the City to license or <br />permit such use in any subsequent year, while the City and Windward Marine <br />investigate the issues a" ■ alternatives surrounding the proper zoning district <br />boundary location as a goc ' faith effort by the City to continue the working <br />relationship with Mr. Rivers and Windward Marine. <br />This license amendment shall be effective upon agreement by James <br />Rivers and Windward Marine to the stipulation that this approval is for the 1979 <br />boating season only and does not constitute an admilsion on the part of the City <br />to the continuation of such use of any subsequent year. <br />I (we) hereby agree to the above stipulation with the express <br />understanding that I (we) do not waive any existing or future right to contest <br />any determination by the City Council regarding the location of the zoning <br />district boundary or the existance of a non conforming use.