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Page 7 <br /> (19) Fencing <br /> The Operator shall fence the entire perimeter of the site with a <br /> four (4) foot high fence with support post every ten (10) feet, <br /> except that the Operation may be open to the Julius Nemeth <br /> site while the Operation includes this property. <br /> (20) Oakwilt <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 oakwilt, such as, but not <br /> limited to: debarking or destroying fallen diseased trees prior to <br /> April 15th, not leaving roots exposed and avoiding mechanical <br /> damage on remaining trees. <br /> (21) Berming <br /> The Operator shall erect berms adjacent to County Road #77 as <br /> required by the Sherburne County Engineering Department. <br /> (22) Other Permits <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 /> 4.) General Provisions- <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 /> (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 /> (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 /> C:A users\dhuebner\AppData\Local\Microsoft\Windows VTemporary Internet <br /> Files\Content.Outlook\Q7RBTRKC\GRAVCUP.docS:API ANNING\Cast_Files\2(1)613\(XP\CU 116 0313 09 1. -re tc <br /> Industries\GRA\'CUF.DOC <br />