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47-, 6 <br />U <br />AGREEMENT ' <br />THIS AGREEMENT is made as of this _ day of August, <br />1989, by Thomas G. Colwell and Phyllis B. Colwell, husband and <br />wife ("Colwells"). <br />RECITALS: <br />A. On April 20, 1989, the Colwell: filed a formal <br />subdivision application with the City of Orono ("City") for <br />division of a three lot residential plat of a property legally <br />described on Exhibit A attached hereto ("Property"). <br />B. At the City's regular counsel meeting on July 10, 1989, <br />the City approved the Colwells' premilinary plat application <br />subject to certain conditions. <br />C. One such condition of final plat approval was that the <br />Colwells agree to the removal of a structure located on the <br />property under circumstances hereinafter described. <br />D. The City will not grant final plat approval without <br />such an agre;:ment . <br />NOW, THEREFORE, in consideration of the recitals and as an <br />inducement to the City to grant final plat approval of the <br />Property, the Colwells agree as follows: <br />In the event a building permit has not been issued for the <br />construction of a primary residence on what is to be platted as <br />Lot. 1, Colwell Addition, within one year of the date of final <br />plat approval of Colwell Addition, the Colwells will. within <br />sixty days after the end of said one-year period, remove the <br />two-story barn -shaped garage currently located on said lot at <br />Colwells' sole expense. <br />IN WITNESS WHEREOF, Colwells have duly execi,ited this <br />Agreement the day and year first above written. <br />`Thomas G. Colwell ell <br />PhyYilis B. Colwell <br />0839Y <br />