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<br />slumping and riverbank failures, Cass County requires certain restrictions regarding the properties <br />involved in the Project in consideration for its participation. <br /> <br />NOW, THEREFORE, In consideration of the mutual covenants contained in this <br />Agreement, and other good and valuable consideration, the receipt and sufficiency of which Cass <br />County and Owner acknowledge, the parties agree as follows: <br /> <br />AGREEMENT <br /> <br />I. Obli2ations. Owner agrees to the permanent and perpetual temlS, conditions, <br />restrictions, and obligations regarding the Property contained in this Agreement. <br /> <br />a. Owner agrees to maintain a modified Minimal Disturbance Zone (the "mMDZ") on <br />the Property for a distance 01'250 fect measured from the centerline of the Red River <br />and extending west toward the Property, as depicted on the attached Exhibit. The <br />following restrictions are applicable within the boundaries ofthe mMDZ: <br /> <br />(i) Permanent structures are prohibitcd. <br /> <br />(ii) Additional t111 is prohibited, except ti11 required to plant new trees or <br />vegetation for restoration of the riparian area. <br /> <br />(iii) Grading is prohibited, except grading for bank restoration in areas <br />experiencing bank slumping. <br /> <br />(iv) Excavation is prohibited, except excavation required to plant ncw <br />trces and vegetation for restoration of the riparian area. <br /> <br />(v) On-site septic systems with drain tields are prohibited. <br /> <br />(vi) Irrigation systems are prohibited. <br /> <br />(vii) Vegetation, shrub, and tree removal or alterations IS permitted, <br />subject to the following restrictions: <br /> <br />A. Intensive vegetation, tree, or shrub removal or alterations is <br />prohibited. <br /> <br />B. Owner shall replace any disturbed vegetation with native <br />riparian vegetation cover. Replacement of native riparian <br />vegctation with non-native species, and any other introduction <br />of non-native vegetation, is prohibited. <br /> <br />C. Limited clearing, pruning, and trimming of vegetation, <br />including trees and shrubs, is permitted only for purposes of <br />accommodating placement of access paths, or for purposes of <br />providing visual access to the watercourse from the principal <br /> <br />-2- <br />