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2. The City of Orono shall grant a variance for the <br />enforceability of Orono City Ordinance, Section 10.22, Subd. 1, as <br />it pertains to the average lakeshore setback requirements for the <br />deck. <br />3. No new deck construction or improvements, other than <br />replacement of the existing deck construction, shall be made to the <br />deck as it now exists, as shown on Exhibit ”A.” Replacement of the <br />existing construction shall not increase the area, change the <br />configuration or change the location of the deck as it now exists. <br />4. The City of Orono shall not issue any building permit for <br />construction or improvements to the deck which would be in <br />violation of paragraph 3 above. <br />5. The foregoing declarations shall constitute covenants to <br />run with the aforesaid described Land and shall be binding upon the <br />City of Orono, Kelly, and all other persons and parties claiming <br />through them herein and for the benefit of and limitation upon all <br />future owners of said Land. <br />IN WITNESS WHEREOF, the parties hereto have executed this <br />Agreement As To Future Construction and Improvements on the date <br />and year as first set forth above. <br />CITY OF ORONO <br />Its <br />Jacquelynn M. Kelly