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3. Applicant shall remove all plastic or fabric liner material from the decorative <br />landscape beds on the property to ensure their permeability as non-hardcover <br />surfaces. <br />4. Authorities granted by this resolution run with the property not with the applicant, <br />but are permissive only and must be exercised by obtaining a building permit for <br />the new construction within one year of the date of Council approval, or the <br />variance will expire on that date (August 23, 2005). <br />5. Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />6. The undersigned applicants have read, understood and hereby agree to the terms <br />of this resolution and on behalf of the applicants and the applicants' heirs, <br />successors and assigns, hereby agree to the recording of this resolution in the <br />chain of title of the property. <br />Adopted by the Orono City Council on the 23 th day of August, 2004. <br />ATTEST: <br />Linda S. Vee, City Clerk Barbara A. Peterson, Mayor <br />Property Owner( s) <br />Applicant( s) <br />Page 3 of 5