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4, <br />5. <br />6. <br />7. <br />A construction permit f(5f the surtroom shall not be issued until one of the <br />following occurs: <br />a. Applicant executes a "Septic System Upgrade Agreement", provides the <br />required Letter of Credit, and provides septic testing and design <br />information to confirm that the septic system can and will be upgraded <br />in a timely marmer absent the installation of municipal sewer; or <br />b.The City Council has ordered the installation of municipal sewer to serv'e <br />the property; or <br />c. A new conforming septic system has been installed on the property. <br />Authorities granted by this variance run with the property not with the applicant, <br />but are permissive only and must be exercised by application for a building <br />permit within one year of the date of Council approval, or this variance will <br />expire on that date (December 11, 1996). <br />Violation of or non-compliance with any of the terms and conditions of this <br />variance shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a <br />misdemeanor. <br />The undersigned applicant has read, understood and hereby agrees to the terms <br />of this resolution and on behalf of himself, his heirs, successors and assigns, <br />hereby agrees to the recording of this resolution in the Chain of Title of the <br />property. <br />Page 4 of 6