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Page 8 <br /> <br />(22) Odor <br /> <br />Odor from the hot-mix asphalt operation shall be controlled. <br />If weather conditions make odor noticeable, the percentage <br />of recycled asphalt shall be reduced. If extreme odor <br />problems persist, the plant may be ordered to temporarily <br />shut down by city staff until weather conditions allow its <br />reuse. If odor problems can not be resolved by the Operator, <br />the Planning Commission for the City shall review the <br />situation with a public hearing and make a recommendation <br />to the City Council on whether or not the operation of the <br />hot-mix asphalt plant shall be allowed to continue. <br /> <br />(23) 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 <br />all claims or actions arising from the operations of the Operator on <br />the Property. <br /> <br />(02) Binding Effect- The terms and provisions hereof sh~ll 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 <br />upon all future owners of all or any part of the Operation and shall <br />be deemed covenants running with the land. This Agreement shall <br />be placed of record so as to give notice hereof to subsequent <br />purchasers and encumbrances of all or any part of the Property, <br />and all recording fees, if any, shall be paid by the Operator. <br /> <br />(03) Severable- In the event that any portion of this Agreement <br />shall be held invalid for any reason, the same shall not affect in <br />any respect whatsoever the validity of the remainder of this <br />Agreement. <br /> <br />(04) Waiver- Any waiver, whether express or implied, by any <br />party of a breach of any provision of this Agreement will not <br />operate as or be construed to be a waiver of any subsequent <br />breach of this Agreement. <br /> <br />s: \b&z\ stever \gravcup.doc <br /> <br /> <br />