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WHEREAS, the Applicants recognize that if it is ultimately determined that the <br /> protections afforded by Minnesota.Statutes §117.184 to legal nonconforming use are inapplicable <br /> to the Shed,the Applicants will agree with the City's request for removal of the Shed. <br /> NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE <br /> FOLLOWING: <br /> 1. Applicants may retain the Shed located in the 0-75 foot zone and will receive a <br /> temporary certificate of occupancy subject to the following conditions: <br /> A. The Applicants and City agree to enter into good faith negotiations to <br /> attempt to resolve the issue of whether Minnesota Statutes §117.184 applies to the Shed <br /> and whether the City may require the removal of the Shed. <br /> B. The Applicants agree to deposit Two Thousand a.nd no/100ths Dollars <br /> ($2,000.00) with the City which may be used by the City to secure the demolition of the <br /> Shed. <br /> C. The Applicants will sign the attached Waiver of Trespass/Right of Entry <br /> attached as"Exhibit B." <br /> 2. The City agrees to meet with the Applicants to discuss and attempt to resolve the <br /> application of Minnesota Statutes to the removal of the Shed following the signing of this <br /> Agreement. The City makes no representations that the City will agree to the Applicants' request <br /> and that presently it is the City's position that the Shed must be demolished. If the resolution is in <br /> favor of the City's position that its removal is proper, Applicants will remove such structure and <br /> restore the landscaping to the approved plans by the City of Orono. If Applicants fail to remove the <br /> Shed as required.,the Applicants hereby agree as follows: <br /> A. The City may enter upon the Subject Property and remove the Shed. <br /> B. The City may draw down on the $2,000.00 to pay for the removal of the <br /> Shed and assess any cost exceeding $2,000.00 for the removal of the Shed to the Subject <br /> Property. <br /> 3. If the Applicants fail to abide by the conditions set forth above, the City may <br /> immediately revoke its temporary certificate of occupancy. The City will not issue a final <br /> certificate of occupancy until the teims of the variance have been complied with. <br /> 4. The Applicants will underta.ke to secure the necessary land alteration approvals as <br /> required by Orono City Code Section 78-967. <br /> Se This Agreement shall be binding upon current and future owners of the Subject <br /> Property, and shall be filed within the chain of title of the Subject Property. <br /> 139014v2 <br /> 2 <br />