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Page 7 <br /> <br />(21) <br /> <br />Six (6) foot high berms and two rows of four (4) foot high spruce <br />with ten (10) foot spacing shall be erected adjacent to the entire <br />length of 225th Ave. during the first year of operation in phase <br />two, as identified in the attached plans. <br /> <br />(22) <br /> <br />The operator is responsible for cost of materials and labor for the <br />installation of class-V and bituminous on 225th Avenue from the <br />pit access to US Trunk Highway 169. Further, a mineral <br />excavation license shall not be issued for this operation in 1999, <br />if the above mentioned improvements to 225th avenue are not <br />completed by November of 1998. <br /> <br />4.) General Provisions- <br /> <br />(01) Permits- Operator agrees to comPly with all of the provisions <br />hereof and agrees to save and hold the City harmless from any and all <br />claims or actions arising from the operations of the Operator on the <br />Property. <br /> <br />(02) Binding Effect- The terms and provisions hereof shall be binding <br />upon, and inure to the benefit of the heirs, representatives, successors, <br />and assigns of the parties hereto and shall be binding upon all future <br />owners of all or any part of the Operation and shall be deemed <br />covenants running with the land. This Agreement shall be placed of <br />record so as to give notice hereof to subsequent purchasers and <br />encumbrances of all or any part of the Property, and all recording fees, <br />if any, shall be paid by the Operator. <br /> <br />(03) Severable- In the event that any portion of this Agreement shall <br />be held invalid for any reason, the same shall not affect in any respect <br />whatsoever the validity of the remainder of this Agreement. <br /> <br />(04) Waiver- Any waiver, whether express or implied, by any party of <br />a breach of any provision of this Agreement will not operate as or be <br />construed to be a waiver of any subsequent breach of this Agreement. <br /> <br />\\elkriver\sys\shrdoc\b&z\stever\gravcup2.doc <br /> <br /> <br />