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d) To eliminate berms along the Northern boundary of Landowner Property as mining adjacent to that boundary is completed, if practicable. Applicant shall confer and consult with AWC regarding the berm design criteria. e) 7o identity tree species planned for planting and the quantity and location of proposed plantings and to confer and consult with AWC regarding those selections. 6) Amendment to Existing Applications. Applicant shall amend Application M-2003- 016 and USR 1444 to be consistent with the terms of this Agreement. 7) Tenn. This agreement is intended to be perpetual, unless such term is amended in writing by the parties. 8) Covenant. This Agreement is intended to be and is a covenant burdening the Landowner Property for the benefit of the AWC property, shall run with the lands of landowner and AWC, and shall be binding upon the heirs, successors and assigns of the parties. This agreement shall be recorded in Weld County at Applicant's expense. 9) Mutual Release. AWC agrees to withdraw all objections to DMG 112 Permit Application M-2003-016 and to USR Application 1444, so long as the final mining and reclamation plan submitted to the Mined Land Reclamation Board and the Weld County Board of County Commissioners complies with the terms of this Agreement. AWC reserves the right to attend and participate in the USR proceeding to the extent necessary to ensure compliance with the terms of this Agreement. Applicant releases and waives any claim R has or may have arising out of the irrigation practices presently in use on the AWC property or Water Court Decree No. 99 CW 150. 10) Contingency. This Agreement is contingent on the approval of DMG Permit Application M-2003-016 and USR Application 1444, as they may be amended. 11) Landowner Bears Obligations. At present, Heit Farm Ltd. has contracted to sell the Landowner Property to SW Meadow, LLC. Upon closing, Heit Farm, Ltd. and shall be relieved of all obligation under this Agreement, and SW Meadow shall assume such obligations. In like manner, each successive owner of the Landowner Property shall bear the burdens associated with this Agreement. In the event Heit Farm, Ltd. does not Gose with SW Meadow, LLC, Heit Farm, Ltd. shall not be obligated to perform its obligations under this Agreement until it determines to mine the property. 12) Entire Agreement. This Agreement represents the entire agreement between the parties and no oral modification shall be recognized. Any amendment to this Agreement shall be in writing signed by both parties. 4 F:~PAJ1COyleV~gree~neni 030923.tlvc 900f~J 0~'I'I TTTT 95C OL8 YVd b6~90 0:3EA CO/YZ/80