Laserfiche WebLink
Page 8 <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 /> (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 /> (05) Notices- All notices and demands specified herein shall be <br /> deemed appropriately and timely given when delivered personally or <br /> deposited in the United States mail to the addresses hereinafter set <br /> forth by certified mail (return receipt requested). The addresses of the <br /> parties hereto are as follows until changed by written notice given as <br /> above: <br /> If to the City at: City of Elk River <br /> ATTN: Environmental Adm. <br /> 13065 Orono Parkway <br /> Elk River, Minnesota 55330 <br /> If to the Operator at: Midwest Asphalt <br /> ATTN: Blair Bury <br /> PO Box 5477 <br /> Hopkins MN 55343 <br /> (06) Incorporation by Reference- All plans, special provisions, <br /> proposals and specifications, submitted pursuant to this Agreement <br /> shall be and hereby are made a part of this Agreement by reference as <br /> fully as if set forth herein in full. <br /> a:\planning\case files\2006\cup\cu 06-04 midwest asphalt\graveup.midwest.doo <br />