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�_�,. ..�►� �- . �, � .. i: � - ) . , � . I: - . � • ; AMENDMENT TO � RESOLUTION N0. 1023 �' , WINDWARD MARINE ;. 1979 COMMERCIAL DOCR LICENSE � '' WHEREAS, Resolution 1023 was adopted on April 3, 1979, thereby granting � a 1979 Commercial Dock License for 75 slips to Windward Marine in accordance with the approved dock plan, Exhibit B, which license specifically excluded approval for 9 additional slips and 30 moorings (buoys) located north of the , official zoning district boundary line, which slips and moorings have been licensed by the City in 1977 and 1978; and • � WHEREAS, the loca�ion of the zoning district boundary are in dispute; and � WHEREAS, Mr. James Rivers and Windward Marine have in past years worked � in good faith with the City in improving the appearance and operation of the I marina and have made substantial improvements and entered into lease agreements for the 1979 boating season in the belief that the operations in 1978 and prior� � qears were within a proper commercial zone; and WHEREAS, Mr. James Rivers and Windward Marine have requested the City to permit continued lease and use of the subject 9 slips and 30 moorings for the • 1979 boating season with the understanding that such authorization would not constitute an admiasion on the part of the City that Mr. Ri.vers is entitled to use the disputed property for commercial purposes in any subsequent year or an admission on the part of James Rivers that he is not entitled to use said pro- perty as he has been using same in prior years. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby amends Resolution No. 1023 and the 1979 Commercial Dock License of Windward Marine to permit- use of all 84 slips and 30 moorings shown on Exhibit B during the 1979 boating •season, without a commitment by the City to license or permit such use in any subsequent year, while the City and Windward Marine investigate the issues and alternatives surrounding the proper zoning district boundary location as a good faith effort by the City to continue the working relationship with Mr. Rivers and Windward Marine. ` This license amendment ahall be effective upon agreement by James Rivers and Windward Marine to the stipulation that this approval is for the 1979 boating season only and does not constitute an admission on the part of the City to the continuation of such use of any subsequent year. I (we) hereby agree .to the above stipulation with the express uriderstanding that I (we) do not waive any egisting �or future right to contest any determination by the City Council regarding the location of the zoning district boundary or the existance of a non conforming use. • - _- . . _ - � . . .. .. !