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and firewood to remain on the property for use by Maez. Other debris left from trees are to be <br /> put through a chipper. <br /> D. MVIC shall fill and completely cover, original or "first ditch" and shall reclaim <br /> all top soil. MVIC will haul rock and excess dirt to original or "first ditch" and reseed a good <br /> grass mix on all original or "first ditch" and newly constructed pipeline areas. The old flume is <br /> to be pushed into original or"first ditch"and burned. <br /> E. MVIC agrees to control and spray for thistles and weed in all disturbed areas for <br /> (3) three years. <br /> F. MVIC agrees to use approved techniques for erosion control pertaining to any cut <br /> banks any water passage under fills and shall control for thistles and weeds in all disturbed areas. <br /> G. MVIC shall release and quit claim any rights it has to the old easement and shall <br /> obtain all necessary survey's required to obtain the new easements described herein all at <br /> MVIC's sole cost and expense. <br /> III. POST CONSTRUCTION <br /> A. During and at completion of construction, MVIC agrees:to perform noxious weed <br /> and erosion control to NRCS standards along the right-of-way and easement granted for the May <br /> Lateral Irrigation Pipeline. <br /> B. After completion of construction, MVIC will re-seed the right-of-way to reduce <br /> erosion; and MVIC shall be solely responsible for maintaining the access roads, and right-of-way <br /> contemplated by this Agreement. <br /> IV. MISCELLANEOUS <br /> A. The terms and conditions of this Agreement shall specifically survive the transfer <br /> of easements as contemplated herein and completion of the construction as an enforceable <br /> agreement between the parties, and shall inure to the benefit or obligation of the parties' heirs, <br /> successors and assigns. <br /> B. This Agreement is the entire agreement between the parties and shall not be <br /> revoked, modified, or amended without the subsequent written agreement of the parties. <br /> C. This Agreement shall be deemed made and to be performed in Montezuma <br /> County, Colorado, and exclusive jurisdiction and venue shall be with the Courts of Montezuma <br /> County, Colorado. <br /> DONE AND SIGNED the date and year first above written. <br /> MONTEZUMA VALLEY <br /> IRRIGATION COMPANY MAEZ <br /> By: ,Q ul'c. /''`"� '� • <br /> Y <br /> Leonard A. Maez f <br /> Its 1f85cdpn <br /> `, <br /> Edith Maez <br /> � <br /> A. <br />