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<br />Page 8 <br /> <br />h. <br /> <br />Water usage by mining activities shall not adversely <br />affect adjacent wells. Mitigative measures may include, <br />but are not limited to, curtailing of pumping activities <br />until water levels return. <br /> <br />1. The appropriate storm water permits shall be obtained by <br />the Operator from MPCA. <br /> <br />(19) Signage for the gravel and ready mix plant shall be allowed as <br />per the 1-2 zone. Further, no bill boards are allowed on the <br />subject property. <br /> <br />(20) The entrance and loop road around the ready mix plant shall be <br />hardsurfaced as approved by staff. <br /> <br />(21) Other Permits <br /> <br />The Operator shall obtain all state and federal permits <br />appropriate to their operation and file copies of said <br />permits 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 />(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\gravcup.doc <br /> <br />. <br /> <br />. <br /> <br />. <br />