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• 1�� CITY of ORONO vF RESOLUTION OF THE CITY COUNCIL NO. 5498 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A, and the based on the engineered design by Michael R. Johnson, P.E. of Civil Solutions Group LLC dated July 17, 2006. Any amendments to the site plan and design which are not in conformity with City codes will require further Planning Commission and City Council review. 2. This approval is subject to compliance with the recommendations of the City Engineer. A land alteration permit must be issued through the Building Department prior to any site work. Appropriate erosion control measures shall be in place prior to commencement of construction. 3. The applicants shall provide a planting plan in accordance with their proposed perennial garden establishment for staff review and approval prior to issuance of the land alteration permit. • 4. Hardcover shall remain at the levels approved in City Council Resolution No. 5429 adopted February 27, 2006. I* 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a land alteration permit for the replacement wall system within one year of the date of Council approval, or the conditional use permit will expire on that date (August 28, 2007). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5