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1997
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04-22-1997
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5.3
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Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17197 2:56PM;Jx #563;Page 13/39 <br /> • the insurance coverages affected by the Minnesota Joint Underwriters Association or the <br /> readily available private insurance market. <br /> 11.) Bonding. <br /> (01) The Permittee shall furnish a surety bond in the amount of Three Hundred <br /> Thousand Dollars ($300,000) to run continuously (annual renewal allowed) until all <br /> landfill operations and closure activities are completed to ensure compliance with the <br /> terms and conditions of this Conditional Use Permit. Such bond shall be made by an <br /> insurance company or other financial institution acceptable to the City and shall be in a <br /> form acceptable to the City and its attorney. The bond shall be subject to cancellation by <br /> the obligor by giving one hundred twenty (120) days' prior written notice to the City. The <br /> Permittee shall renew each such bond no more than sixty (60) days after any such written <br /> notice, and failure to so renew the bond shall be an event of default of the obligations of <br /> the Permittee and shall constitute ground for immediate and automatic revocation of this <br /> Permit. Said bond shall provide that if the Permittee refuses to obey any of these <br /> requirements or to any of the acts required by this Conditional Use Permit or for any <br /> reason ceases to operate or abandons the landfill, and the City is required to expend <br /> monies or labor or material to restore the Landfill Site to the condition and requirements <br /> required by this Conditional Use Permit, the obligor shall reimburse the City for any and <br /> all expenses incurred to remedy the failure of the Permittee to comply with this Permit, <br /> • and the obligor shall indemnify and save the City harmless from all losses, costs, and <br /> charges that may occur to the City because of any default by the Permittee. The bond may <br /> be in a form exercisable by both the City and the County provided that such exercise <br /> feature allows its use on instruction by either or both the City or County. <br /> (02) In the event this, or any subsequent permit is revoked or the Permittee closes <br /> operation of the landfill for any reason, including but without limitation, order of the court <br /> or other agency of competent jurisdiction, bankruptcy, insolvency, or abandonment, the <br /> Permittee shall immediately proceed to close, cover, and grade the Landfill Site according <br /> to an environmentally sound closure plan which shall be approved by the City and which <br /> shall comply with all requirements of the PCA and Sherburne County relating to final <br /> closure. In the event the Permittee fails to comply with the terms of this subparagraph (b), <br /> the City may, upon ninety (90) days' prior notice to the Permittee, enter into the property <br /> and perform all such obligations, the costs of which shall be borne by the Permittee, or, in <br /> default thereof, by its surety. <br /> {t3j h1+i -of the bond rcguirzu in thi �oction, the Pzrrcritt�, shall &lid an i rtroat bca,iug <br /> • <br /> • -• .• •.. . • - • <br /> • <br /> : .. • • •• • • . • : •• • • •• •. • • . • . •. • • <br /> wash dispc•scd of at the Landfill until the escruw account(injudirrg iutcrc,t) ha -r ' , td <br /> • ^:,::: r. • • • • • .. . • IP" •. •• N <br /> • <br /> • • DI. • • • • • • **. • •• • •• *pp • .1 • <br /> • <br /> 909579.1 12. <br />
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