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2.Boulder-to-boulder contact shall be established during construction. If the boulders <br />come loose in the future, they shall be replaced in their original position. <br />3. <br />4. <br />If the boulders do not remain in place, then the boulders shall be restrained and <br />pinned into the hillside. <br />If the boulders do not retain earth after reinforcement, the conditional use permit <br />shall be amended and the concrete retaining wall referenced in the 3/20/97 letter <br />from GME consultants shall be constructed. <br />5. <br />6. <br />7. <br />8. <br />ATTEST: <br />The boulder retaining wall shall be annually reviewed by the Building Official to <br />determine compliance with the conditional use permit. <br />Authorities granted by this resolution run with the property not with the owner, but <br />are permissive only and must be exercised by application for a land alteration <br />permit within one year of the date of Council's approval, or the special conditions <br />of this resolution will expire on that date (April 28, 1998). <br />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 />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />The undersigned applicant has read, understood and hereby agrees to the terms of <br />this resolution and on behalf of himself, his heirs, successors and assigns, hereby <br />agrees to the recording of this resolution in the chain of title of the property. <br />Adopted by the Orono City Council on this 28th day of April, 1998. <br />Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor <br />Property Owner(s) <br />Page 3 of 4