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(a) Prior to removal of any trees from this area, a landscaped berm shall be <br />installed along the west entrance to the Operator's property along 221" <br />Avenue, as shown on the plans submitted by Tiller Corporation .dated <br />June 24, 2011. Vegetation of the berm shall be completed by December <br />31, 2011. <br />(b) Operator shall apply for an amendment to the Conditional Use Permit <br />for its existing mining operation and hot mix asphalt plant located north <br />of 2215` Avenue within 6 months. The amendment shall include: <br />(i) A revised phasing plan, berming and screen plan for the west side <br />of Operator's property along 221St Avenue which shall show a <br />continuance of the berm along 221St Avenue to the west. This <br />berm shall be installed prior to removal of any trees within 1,000 <br />feet to the north of this berm, unless City staff approves limited <br />removal of trees to allow for installation of the berm. <br />(u) Anew reclamation plan for mining operation between the <br />Landfill and 221St Avenue which reflects the 27.2 acre landfill <br />expansion plan. <br />(21) This Agreement shall not take effect, and Operator's Conditional Use Permit <br />shall not be amended unless and until Waste Management's Elk River <br />Landfill applications to expand the Landfill are approved, with the exception <br />that Tiller may immediately begin mining on the east end of the 8.9 acre <br />buffer, without removing any significant trees, for the purpose of <br />constructing the berm improvements, described in (20) (a) above. If Waste <br />Management's Elk River Landfill applications to expand the Landfill are not <br />approved, this Agreement shall be null and void and Operator's Operations <br />shall be subject to its existing Conditional Use Permit, originally issued on <br />May 30, 1996. <br />4.) General Provisions- <br />(01) Permits- Operation agrees to comply with all of the provisions hereof and <br />agrees to save and hold the City harmless from any and all claims or actions <br />arising from the Operations of the Operator on the Property. <br />(02) Binding Effect- The terms and provisions hereof shall be binding upon, and <br />inure to the benefit of the heirs, representatives, successors, and assigns of <br />the parties hereto and shall be binding upon all future owners of all or any <br />part of the Operation and shall be deemed covenants running with the land. <br />This Agreement shall be placed of record so as to give notice hereof to <br />subsequent purchasers and encumbrances of all or any part of the Property, <br />and all recording fees, if any, shall be paid by the Operator. <br />Page 5 of 8 <br />