2009-05-11_REVISION - M1987049 (3)

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SENTIBY=C1&P ; 4-14-97 ; 3:37PM . 3038619026-, 9703661111;# 7/ 8 6. Maintenance of water elevation in the three lakes is essential to maintaining the flow of water in the McCanne Ditch. Ready Mixed agrees that it will set the overflow pipes between the three lakes, -as depicted on Exhibit A, at such elevations as to maintain a water elevation of 4,9E5.0 feet in the north lake, labeled II, IiI and iV on Exhibit A, a water elevation of 4,970.0 feet in the middle lake, labeled V and VI on Exhibit A, and a water elevation of 4,973.0 feat in the south lake, labeled VII and VIII on Exhibit A. Furthermore, Ready Mixed will cover the dikes with overburden material along the west side of each • of the lakes and the northwest side of the north lake to reduce seepage to the river and along the east side of the north lake to minimize the hydraulic connection - between the ditch and the lake. Ready Mixed will construct a controlled overflow from the northeast corner of the north pond into the McCanne Ditch of at least ten inches in diameter to allow the controlled overflow of water Into the McCanne Ditch. 7. To prevent damage to the McCanne Ditch as a result of flooding, a depression in the dike should be placed in the north lake on the north or northwest ' portion of the dike as an emergency spillway so flooding water will go to the river. Ready Mixed may, as required by the Urban Drainage and Flood Control District, incorporate this depression into the Urban Drainage and Flood Control District requirements. 8. Any proposed changes in the mining plan must be approved by McCanne. 9. McCanne agrees it will not raise any objections, legal or otherwise, to Ready Mixed's application to the Mined Land Reclamation Board for a mining permit nor object in any way to Ready Mixed obtaining the required zoning and state permits to allow it to operate the mine on the subject property. 10. This Agreement shall be a covenant running with the land, shall be binding upon the parties, their heirs, personal representatives, administrators, successors and assigns and shall be enforceable against the same. 11. This document represents the complete agreement of the parties hereto and no oral modification shall be recognized. Any amendments or additions to this Agreement shall be made in writing signed by the parties. IN WITNESS WHEREOF the McCanne Ditch and Reservoir Company has, by the aurthority of its Board of Directors, caused this Agreement to be executed by its President and attested by its Secretary and Ready Mixed Concrete Company has, by the authority"of its Board of Directors, caused this Agreement to be executed by Its President and attested by its Secretary. DATED the day and year first written above. -2-