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Page 8 the pump operation. Thereafter, the aforementioned • wells shall be tested a minimum of twice per month, said frequency to be increased during dry periods. This routine testing shall also be done for the water recycling pond. h. Water usage by mining activities shall not adversely affect adjacent wells. Mitigative measures may include, but are not limited to, curtailing of pumping activities until water levels return. i. The appropriate storm water permits shall be obtained by the operator from MPCA. (19) Signage for the gravel and ready mix plant shall be allowed as per the I-2 zone. Further, no bill boards are allowed on the subject property. (20) The entrance and loop road around the ready mix plant shall be hardsurfaced as approved by staff. 4.) General Provisions- . (01) Permits- Operator agrees to comply with all of the provisions hereof and agrees to save and hold the City harmless from any and all claims or actions arising from the operations of the Operator on the Property. (02) Binding Effect- The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives , successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Operation and shall be deemed covenants running with the land. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property, and all recording fees, if any, shall be paid by the Operator. (03) Severable- In the event that any portion of this Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. (04) Waiver- Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement will not operate as or be • construed to be a waiver of any subsequent breach of this Agreement. s:\b&z\s teve r\gravcup.doc