2. Land use agreements-Kensington Place

of the mLDZ at the date the panies execute this Agreement arc exempt from these mLDZ restrictions. (v) Irrigation systems arc prohibited. (vi) Intensive vegetation, tree, or shrub removal or alterations IS prohibited, and general destruction of existing wooded areas IS prohibited. .., Septic Systems. Owner agrees to relocate the existing on-site septic system with drain fields on the Property to the side yard of the Property. Owner agrees that if Cass County conc1 udes anyon-site septic system with drain lields on the Property has fai lcd, Owner shall connect the Property to a public sanitary system if there is a system within 400 feet of the closest property line of the Property, and that public sanitary system has sufficient capacity to accommodate the Propel1y. 3. Waiver of Warranties. Owner agrees Owner's compliance with the mMDZ and mLDZ regulations described above docs not guarantee protection from future riverbank slumping. Owner acknowledges receipt of notice from Cass County and RRRC that introduction ofwater from on-site septic system drain fields may contribute to bank slumping. Further, Cass County and RRRC disclaim any warranties, express or implied, regarding the Project. Neither Cass County nor RRRC have made any representations or warranties regarding the potential success of the Project. Neither Cass County nor RRRC shall have any obligations to repair or maintain the Project. 4. Permanent Access Easement Upon the Property. Owner grants Cass County, its employces, agents, officers, and representatives a pemlanent and perpetual access easement to enter upon the Property at reasonable times to inspect the Project and to ensure Owner's compliance with this Agreement. Cass County agrees its easement rights shall not unreasonably interfere with OV\i\1er's quiet enjoyment and use of the Property. 5. Temporary ConstructionEasement Upon the Property. Owner grants RRRC, its employees, agents, officers, representatives, contractors, and subcontractors a temporary easement and right-of-way in, on, over and across the Property, including the right to enter upon and occupy the Property; the right to move, store, and remove construction equipment and supplies on the Property; the right to erect and remove temporary structures on the Property; the right to remove trees, underbrush, obstructions, and any other vegetation, structures, or obstacles on the Property: the right to excavate, pile, and store top soil and dirt on the Property; and the right to perform any other work necessary and incident to the construction of the Project. Owner agrees not to disturb, injure, or in any manner interfere with RRRC s use ofthe Property or construction activities during the construction of the Project. This temporary construction casement in favor of RRRC shall commence on the date the parties execute this Agreement, and shall terminate upon completion of the Project, but no latcr than Octobcr ~ I, 2007. 6. Remedies. If Owner violates the terms of this Agreement, either Cass County or and/or RRRC may bring any judicial enforcement action necessary to ensure Owner's compliance. If Cass County and/or RRRC is forced to bring any judicial enforcement action as a result of Owner's default of the tenns of this Agreement, Cass County and,or RRRC shall be entitled to collect from Owner all of the enforcing party's costs, disbursements, and other expenses incurred, -4-