2. Land use agreements-Kensington Place

LAND USE AGREEMENT AND EASEMENT THIS AGREEMENT, is made and entered into this __ day of __ ,2006, by and between AMITY TECHNOLOGY, LLC, a Minnesota limited 1 iability company ("Owner"), CASS COUNTY, a political subdivision of the State of North Dakota, whose post office address is P.O. Box 2806, Fargo, North Dakota 58108-2806 ("Cass County"), and RED RIVER REGIONAL COUNCIL a North Dakota nonprofit corporation, whose post office address is Chase Building, 516 Cooper Avenue, Suite 101, Grafton. North Dakota 58237 ("RRRC"). RECIT ALS A. Owner owns that certain property in Cass County, North Dakota at 10216 6th Street South. Fargo. North Dakota, and legally described as follows: Lot 3, Block L Kensington Place Second Addition, Cass County. North Dakota. (the .'Property"). B. The Property lies adjacent to the Red River. The Property has suffered riverbank slumping and rotational slope failures and, as a result, the Propeliy's grade has changed, septic lines arc exposed, certain portions of the Property present safety hazards, and the general value of the Property has decreased. C. RRRC assists landowners with the restoration, protection, and effective management of riparian areas. RRRC provides technical assistance and cost-share for activities necessary to complete riparian area and channel restoration, and river bank stabilization activities in accordance with the rules and regulations of the North Dakota Department of Health and the US Environmental Protection Agency's Section 319 program. D. Owner, along with other landowners in the Kensington Place Subdivisions in Stanley Township, Cass County, North Dakota, approached the Southeast Cass Water Resource District ("SE Cass") and RRRC, and requested that SE Cass and RRRC construct and assist in financing a riverbank reconstruction and drain field relocation project along the Red River for the benefit of the Property and the other adjacent properties, a project commonly referred to as the Kensington Place Riverbank Stabilization Project No. 2005-1 (the "Project"). E. SE Cass conducted proceedings in accordance with its statutory authorities under N.D. Cent. Code Chapter 61-16.1 to create a special assessment district to assist in financing the Project. SE Cass and RRRC entered into an agreement under which RRRC abTfeed to, among other things, let, enter into, and administer all contracts regarding the Project. RRRC developed a design for the riverbank stabilization portion of the Project to reduce the probability of continued riverbank slumping. F. RRRC requires local sponsors for its projects. Cass County and RRRC arc cooperating regarding RRRC's administration of the Project, and to reduce the potential for future -1-