2. Land use agreements-Kensington Place
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2. Land use agreements-Kensington Place
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<br />(vi) Intensive vegetation, tree, or shrub removal or alterations IS <br />prohibited, and general destruction of existing wooded areas IS <br />prohibited. <br /> <br />2. Septic Systems. Owner agrees to relocate the existing on-site septic system with <br />drain fields on the Property to the side yard of the Property. Owner agrees that if Cass County <br />concludes anyon-site septic system with drain fields on the Property has failed, Owner shall connect <br />the Property to a public sanitary system if there is a system within 400 feet of the closest property <br />line of the Property, and that public sanitary system has sufficient capacity to accommodate the <br />Property. <br /> <br />3. Waiver of Warranties. Owner agrees Owner's compliance with the mMDZ and <br />mLDZ regulations described above docs not guarantee protection from future riverbank slumping. <br />Owner acknowledges receipt of notice from Cass County and RRRC that introduction ofwater from <br />on-site septic system drain fields may contribute to bank slumping. Furthcr, Cass County and RRRC <br />disclaim any warranties, express or implied, regarding the Projcct. Ncithcr Cass County nor RRRC <br />have made any representations or warranties regarding the potential succcss of the Project. Neither <br />Cass County nor RRRC shall have any obligations to repair or maintain the Project. <br /> <br />4. Permanent Access Easement Upon the Propertv. Owner grants Cass County, its <br />employees, agents, officers, and representatives a permanent and perpetual access easement to enter <br />upon the Property at reasonable times to inspect the Project and to ensure Owner's compliance with <br />this Agreement. Cass County agrees its easement rights shall not unreasonably interfere with <br />Owner's quiet enjoyment and use of the Property. <br /> <br />5. Temporary Construction Easement Upon the Property. Owner grants RRRC, its <br />employees, agents, officers, representatives, contractors, and subcontractors a temporary easement <br />and right-of-way in, on, over and across the Property, including thc right to enter upon and occupy <br />the Property; the right to move, store. and remove construction equipment and supplies on the <br />Property; the right to erect and remove temporary structures on the Property; the right to remove <br />trees, underbrush, obstructions, and any other vegetation, structures, or obstacles on the Property; <br />the right to excavate, pile, and store top soil and dirt on the Property: and the right to perform any <br />other work necessary and incident to the construction of the Project. Owner agrees not to disturb, <br />injure, or in any manner interfere with RRRC's use ofthe Property or construction activities during <br />the construction of the Project. This temporary construction casement in favor of RRRC shall <br />commence on the date the parties execute this Agreement, and shall terminate upon completion of <br />the Project, but no later than October 31, 2007. <br /> <br />6. Remedies. If Owner violates the teffilS of this Agreement, either Cass County or <br />and/or RRRC may bring any judicial enforcement action necessary to ensure Owner's compliance. <br />If Cass County and/or RRRC is forced to bring any judicial enforcement action as a result of <br />Owner's default of the terms of this Agreement, Cass County and/or RRRC shall be entitled to <br />collect from Owner all of the enforcing party's costs, disbursements, and other expenses incurred, <br />including reasonable attorneys' fees, or fees equivalent to reasonable attorneys' fees for all time <br />spent by the enforcing party. The specified remedies to which Cass County and/or RRRC may resort <br />under the terms of this Agreement arc cumulative and are not intended to be exclusive of any other <br />remedies or means of redress to which Cass County and/or may be lawfully entitled in case of any <br /> <br />-4- <br />
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