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. - <br />6. Maintenance of water elevation in [he three lakes is essential to <br />maintaining the flow of water in the McCanne Ditch. Ready Mixed agrees that <br />it will set the overflow pipes between the three lakes, as depicted on Exhibit A, <br />at such elevations as to maintain a water elevation of 4,965.0 fee[ in the north <br />lake, labeled II, III and IV on Exhibit A, a water elevation of 4,970.0 feet in <br />the middle lake, labeled V and VI on Exhibit A, and a water elevation of 4,973.0 <br />feet in the south lake, labeled VII and VIII on Exhibit A. Furthermore, Ready <br />Mixed will cover the dikes with overburden material along the west side of each <br />of the lakes and the northwest side of the north lake to reduce seepage to the <br />river and along the east side of the north lake to minimize the hydraulic connection <br />between the ditch and the lake. Ready Mixed will construct a controlled overflow <br />from the northeast corner of the north pond into the McCanne Ditch of at 'least <br />ten inches in diameter to allow the controlled overflow of water into the McCanne <br />Ditch. <br />7, To prevent damage to the McCanne Ditch as a result of flooding, a <br />depression in the dike should be placed in the north lake on the north or northwest <br />portion of the dike as an emergency spillway so flooding water will go to the <br />river. Ready Mixed may, as required by the Urban Drainage and Flood Control <br />District, incorporate this depression into the Urban Drainage and Flood Control <br />District requirements. <br />8. Any proposed changes in the mining plan must be approved by McCanne. <br />9. McCanne agrees it will not raise any objections, legal or otherwise, <br />to Ready Mixed's application to the Mined Land Reclamation Board for a mining <br />permit nor object in any way to Ready Mixed obtaining the required zoning and <br />state permits to allow it [o operate the mine on the subject property. <br />10. This Agreement shall be a covenant running with the land, shall be <br />binding upon the parties, their heirs, personal representatives, administrators, <br />successors and assigns and shall be enforceable against the same. <br />11. This document represents the complete agreement of the parties hereto <br />and no oral modification shall be recognized. Any amendments or additions to <br />this Agreement shall be made in writing signed by the parties. <br />IN WITNESS WHEREOF the McCanne Ditch and Reservoir Company has, by the <br />aurthority of its Board of Directors, caused this Agreement to be executed <br />by its President and attested by its Secretary and Ready Mixed Concrete Company <br />has, by the authority of its Board of Directors, caused this Agreement to be <br />executed by its President and attested by its Secretary. <br />DATED the day and year first written above. <br />-2- <br />