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Page 8 <br /> by the Operator, the Planning Commission for the City shall <br /> • review with the situation with a public hearing and make a <br /> recommendation to the City Council on whether or not the <br /> operation of the hot-mix asphalt plant shall be allowed to <br /> continue. <br /> (21) 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 or eradicate oakwilt. <br /> (22) Fencing and Screening <br /> a. The perimeter of the entire site shall be fenced with a four <br /> foot high woven wire fence with warning signs placed <br /> where appropriate. <br /> b. A minimum four foot high berm with 3 rows of spruce at a <br /> 10 foot spacing shall be constructed adjacent to US <br /> Highway 169 and 221st Ave. <br /> • c. A 200 foot wide buffer strip adjacent to the City's railroad <br /> hiking trail shall have the natural vegetation retained on <br /> it. <br /> (23) 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 /> \\e lkriver\sys\shrdoc\b&z\stever\gravcup.doc <br />