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Page 8 <br /> <br />(21) Oakwilt <br /> <br />Cutting of trees between April 15 and July 15 is prohibited. The <br />Operator shall take other measures deemed appropriate by the <br />Sherburne County Forester to control or eradicate oakwilt. <br /> <br />(22) Fencing and Screening <br /> <br />So <br /> <br />The perimeter of the entire site shall be fenced with a four <br />foot high woven wire fence with warning signs placed <br />where appropriate. <br /> <br />bo <br /> <br />A minimum four foot high berm with 3 rows of spruce at a <br />10 foot spacing shall be constructed adjacent to US <br />Highway 169 and 221st Ave. <br /> <br />A 200 foot wide buffer strip adjacent to the City's railroad <br />hiking trail shall have the natural vegetation retained on <br />it. <br /> <br />(23) Other Permits <br /> <br />The Operator shall obtain all state and federal permits <br />appropriate to their operation and file copies of said permits <br />with the City. <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 />f:\shrdoc\b&z\stever\gravcup.doc <br /> <br /> <br />