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Page 7 <br />(19) Fencing and signs [every icy (50) feet] warning of the inherent <br />dangers associated with the operation shall be installed and <br />maintained where slopes exceed 1:1.5. <br />(20) To prevent oak wilt, tree removal necessitated by the operation <br />shall not be conducted between April 15 and July 15 and oaf: <br />stumps shall be grubbed out prior to April 15. Mechanical <br />damage to trees not being removed shall be avoided. <br />(21) Six (6) foot high berms and two rows of four (4) foot high spruce <br />with ten (10) foot spacing shall be erected adjacent to the entire <br />length of 2205t'� Ave. during the first year of operation in phase <br />two, as identified in the attached plans. <br />(22) The operator is responsible for cost of materials and Labor for the <br />installation of five inches of class-V and three inches bituminous <br />on 225� Avenue from the pit access to US Trunk Highway 1.69. <br />Further, a mineral excavation license shall not be issued for this <br />operation in 1999, if the above mentioned improvements to 225th <br />avenue are not completed by November of 1998. <br />4.) General_Pmv signs- <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 Effert- The terms and provisions hereof shall be <br />binding upon, and inure to the benefit of the heirs, representatives , <br />successors, and assigns of the parties hereto and shall be binding upon <br />all future owners of all or any part of the Operation and shall be <br />deemed covenants running with the land. This Agreement shall be <br />placed of record so as to give notice hereof to subsequent purchasers <br />and encumbrances of all or any part of the Property, and all recording <br />fees, 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 />f•\shrdoclb8 z\stovor\grsvcup2.doc <br />