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<br />Page 8 <br /> <br />The Operator shall fence the entire perimeter of the site with a <br />four (4) foot high fence with support post every ten (10) feet. <br /> <br />(22) Oakwilt <br /> <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 oakwilt, such as, but not <br />limited to: debarking or destroying fallen diseased trees prior to <br />April 15th, not leaving roots exposed and avoiding mechanical <br />damage on remaining trees. <br /> <br />(23) Berming <br /> <br />The Operator shall erect berms adjacent to 225th Ave NW as <br />required by the City of Elk River. <br /> <br />(24) Other Permits <br /> <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 /> <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 />c:\documents and settings\tallard\local settings\temporary internet files\olkt\gravcup-amend bauerly(2) (2).doc <br />