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or otherwise certifies the slurry wall as specified in State Engineers Guidelines for Lining <br />Criteria for Gravel Pits (August 1999). The parties agree that in no case will the "side <br />channel depression" be installed by RMCC prior to the CITY's installation of the slurry <br />wall. <br />C. The CITY shall permit RMCC access to Cell # 1 for any reasonable and necessary <br />purpose related to the installation of the "side channel depression" <br />d. In the event that RMCC properly installs the "side channel depression" in Cell #1 in <br />conformance with any technical specifications therefor to which the CITY, RMCC and <br />UDFCD agree, as derived from the UDFCD Guidelines, or pursuant to the UDFCD <br />default provision set forth in paragraph 3.a. above, and both the CITY and UDFCD have <br />approved such construction, which approval for the CITY's part shall not be <br />unreasonably withheld, RMCC shall be released by the CITY from any further <br />construction obligation associated with such "side channel depression" for Cell # 1. <br />4. The Reclamation Plan approved as a condition of the MLRB Permit requires RMCC to <br />install a "depression in dike" and certain overflow pipes on the earthen structure that will separate Cell # <br />1 from Cell # 2 on the Bromley Lakes Property when mining in Cell # 2 is completed. See Exhibit D for <br />the sole purpose of ascertaining the intended location of the "depression in dike" between Cell #1 and <br />Cell #2. RMCC shall install the "depression in dike" and overflow pipes consistent with its obligation in <br />the MLRB Permit, the UDFCD Guidelines, and the outcome of the consultations required as a condition <br />of Section 3 of this Agreement. <br />a. The CITY shall permit RMCC all reasonable and necessary access to those portions of <br />Cell # 1 upon which the depression in dike and overflow pipes will be located. <br />b. The parties shall conclude the consultation contemplated herein within forty-five (45) <br />days of the effective date of this Agreement. In the event the parties disagree as to the <br />final design of the "depression in dike" and certain overflow pipes, the parties will abide <br />by UDFCD's determination as to such design and RMCC shall construct the "depression <br />in dike" and certain overflow pipes consistent with the UDFCD design criteria. <br />C. RMCC shall install the "depression in dike" and-certain overflow pipes within sixty (60) <br />days of completion of mining in Cell #2. <br />d. In the event that RMCC properly installs the "depression in dike" and certain overflow <br />pipes in Cell #1 in conformance with any technical specifications therefor to which the <br />CITY, RMCC and UDFCD agree, as derived from the UDFCD Guidelines, or pursuant to <br />the UDFCD default provision set forth in paragraph 4.b. above, and both the CITY and <br />UDFCD have approved such construction, which approval for the CITY's part shall not <br />be unreasonably withheld, RMCC shall be released by the CITY from any further <br />construction obligation associated with such "depression in dike" and certain overflow <br />pipes for Cell #1. ` <br />5. The approved Reclamation Plan requires the revegetation of areas disturbed by mining in <br />Cell # 1, including seeding and the planting of trees by RMCC. The CITY shall assume responsibility for <br />revegetating the upland areas in Cell # 1, subject to the reimbursement of costs therefor by RMCC as <br />provided herein. RMCC agrees to calculate the cost it would have incurred to properly revegetate the <br />4 <br />