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12. The applicant asserts that its acknowledgement of this Resolution and agreement to its <br />conditions does not waive and is without prejudice to applicants claim of right to use the <br />Woodhill Avenue access without limitation and without amendment of its 1968 CUP, a claim <br />which the City denies. <br />13. The City will consent to a dismissal without prejudice of the litigation concerning the access. <br />Adopted by the City Council of the City of Orono, Minnesota at a regular meeting <br />held on the 2 4th day of May 14th day of June. 1999. <br />A'fTEST: <br />i <br />Linda S. Vec, City Clerk Gabriel Jabboiir, Mayor <br />APPLICANT ACCEPTANCE: <br />Autliorized Representative of <br />Woodhill Country Club <br />Page 8 of9