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2. The site improvements shall also be subject to compliance with of the City <br />Engineer comments contained in his letter dated November 30, 2004. <br />3. The site work shall be completed prior to December 31, 2004. <br />4. Upon completion of the site improvements an as-built survey shall be submitted <br />for review against the approved plan. Upon approval of the as-built survey the <br />City shall issue a final Certificate of Occupancy. <br />5. 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 after- <br />the-fact conditional use permit will expire on that date (December 13, 2005). <br />6. 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 />7. The undersigned applicants have read, understand 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 agrees to the recording of this resolution in the <br />chain oftitle of the property. <br />Adopted by the Orono City Council on the 13 th day of December, 2004. <br />ATTEST: <br />Linda S. Vee, City Clerk Barbara A. Peterson, Mayor <br />Property Owner( s) <br />Page 3 of 5