2. Land use agreements-Kensington Place

NOW, THEREFORE, In consideration of the mutual covenants contained in this Ah'Tcement, and other good and valuable consideration. the receipt and sufticiency of which Cass County and Owner acknowledge, the parties agree as follows: AGREEMENT 1. Obli2ations. Owner agrees to the permanent and perpetual terms, conditions, restrictions, and obligations regarding the Property contained in this Agreement. a. Owner agrees to maintain a modified Minimal Disturbance Zone (the '.mMDZ") on the Property for a distance 01'210 feet measured from the centerline ofthe Red River and extending west toward the Property, as depicted on the attached Exhibit. The following restrictions are applicable within the boundaries of the mMDZ: (i) Permanent structures are prohibited. (ii) Additional fill is prohibited, except till required to plant new trees or vegetation for restoration of the riparian area. (iii) Grading is prohibited, except grading for bank restoration in areas experiencing bank slumping. (iv) Excavation is prohibited, except excavation required to plant new trees and vegetation for restoration of the riparian area. (v) On-site septic systems with drain fields are prohibited. (vi) Irrigation systems are prohibited. (vii) Vegetation. shrub, and tree removal or alterations IS permitted, subject to the following restrictions: A. Intensive vegetation, tree, or shrub removal or alterations is prohibited. B. Owner shall replace any disturbed vegetation with native riparian vegetation cover. Replacement of native riparian vegetation with non-native species, and any other introduction of non-native vegetation, is prohibited. C. Limited clearing, pruning, and trimming of vegetation, including trees and shrubs, is permitted only for purposes of accommodating placement of access paths, or for purposes of providing visual access to the watercourse from the principal dwelling structure on the Property, and subject to the following restrictions: -2-