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g 1147 REC U"LU~9S"' UZ/Z9/b/ lb:.fb S1tl.U'"~'~ 3/UU6 I _'-~ <br />r 1045 MARY A:cN i STEIN CLERK fi RECORDER W. .O, CO lL <br />5. COVENANT RUNNING KITH THE LAND AND KATER RIGHTS. This Agreement <br />shall be a covenant which runs with the land described on Exhibit A, and <br />the water rights described above, and shall continue in effect and be <br />binding upon the parties, their successors and assigns, unless or until <br />the Conservancy District waives the terms hereof in writing or until <br />entry of a judicial determination modifying this Agreement or determining <br />that the provisions hereof are no longer required. <br />6. THE CONSERVANCY DISTRICT'S AGREEMENT. In consideration of the <br />covenants and agreements of Nelsons, the Conservancy District hereby: <br />a. Withdraws any and all objections to the special use <br />application which Yarra has filed with Weld County and consents that the <br />same may be issued at the discretion of Weld County. ' <br />b. Withdraws any and ail objections to the granting of the <br />mining permit for which Varra has applied to the Colorado Mined Land <br />Reclamation Board and consents that the same may be issued at the <br />discretion of the Colorado Mined Land Reclamation Board. <br />c. Covenant that they will not raise any objection to the <br />mining or reclamation conducted in accordance with the .provisions hereof <br />and the approved mining and reclamation plans, or commence any litigation <br />seeking injunctive or compensatory relief arising therefrom except for <br />violation of the covenants and agreements set forth herein. <br />d. In the event the ponds are constructed in such a fashion <br />that there is no ground xater infiltration into them, to reconvey the <br />shares of stock conveyed to the Conservancy District back to the Nelsons. <br />7. TERMINATION OF AGREEMENT. In the event that no Mining and Recla- <br />mation Plan is finally approved by Weld County and the Colorado Mined <br />Land Reclamation Board, that mining permits are not granted. or that <br />Nelsons do not mine the property, this Agreement, at the written request <br />of Nelsons shall be null and void, and all water rights xhich have been <br />conveyed or assigned to the Conservancy District pursuant hereto shall be <br />returned to Nelsons, their successors or assigns. <br />8. ENFORCEMENT. This Agreement may be enforced by the Conservancy <br />District, or any of its members who are .adversely affected by any <br />violation of any term hereof, by seeking any appropriate equitable and <br />legal remedies, including injunctive relief, specific performance and <br />damages. In the event that litigation is comm~enced by the Conservancy <br />District or any it its members to obtain such enforcement, and the <br />Conservancy District or any member prevails, Nelsons and/or their <br />successors and assigns agree to pay for any reasonable attorneys' fees <br />and court costs expended by the Conservancy District or the member in <br />obtaining such enforcement. However, Nelsons prevail, the Conservancy <br />District, or the member instituting the litigation, shall pay such fees <br />and court costs expended by Nelsons. <br />9. EXHIBITS. The exhibit referred to in this Agreement is, by <br />reference, incorporated herein for all purposes. <br />3 <br />