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<br />pi" 7 <br /> <br />directed, designed, or sized, that the minimum subtotal of their <br />illumination shall not increase the level of the illumination on <br />any nearby residential p~operty for more than .1 foot candles in <br />or within 25 feet of a d\flelling or more than .5 foot candles on <br />any part of the property. 1 <br /> <br />(19) Storae-e <br /> <br />The piling, storing or keeping of old machinery, junk, debris, or <br />abandoned motor vehicles, shall be prohibited on the site. <br /> <br />(20) Vibration <br /> <br />Mining activities shall not cause excessive vibration off-site. <br /> <br />(21) Mechanism for responding to complaints. <br /> <br />Representatives of the Operation shall make themselves <br />available to address complaints. A plan to deal with the <br />complaint shall be developed and implemented. Operator will <br />also follow up with tihe complainant and all appropriate <br />documents copied to the City within one (1) week. <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) Bindine- Effect - 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 /> <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 any respect <br />whatsoever the validity of the riemainder of this Agreement. <br /> <br />(04) Waiver - Any waiver, whether express or implied, by any party <br />of 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 />I <br />