Resolution - #93-12-285 Draft - 12/14/1993

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27. 28. 29. 30. obligations, the costs of which shall be borne by IPS or, in default thereof, by its surety. Building Permits, No construction of any structures shall commence prior to the issuance of the applicable building permit by the City Building Official. Scope and Conduct of Operations. The operations permitted by this CUP may be performed on the Subject Property in conformance with existing statutory and regulatory authority and requirements of the City, Anoka County, Minnesota ("County"), and the Minnesota Pollution Control Agency ("MPCA"). Financial Assurance. IPS shall submit financial assurances as follows: (a) Charges and Fees. IPS agrees to pay to the City upon the issuance of this CUP, a fee in an amount sufficient to reimburse the City for engineering, legal and administrative expenses reasonably incurred during the consideration and development of this CUP. IPS shall reimburse the City for all administrative fees incurred by the City in connection with inspection of the composting operation and administration of this CUP. In the event the City incurs additional reasonable costs occasioned solely by the presence of this use within the City for personnel training, specialiized equipment, risk insurance or increased costs for providing fire department serqices, IPS agrees to reimburse the City at cost upon presentation of supporting documents and invoices consistent with applicable law. (b) Liability Insurance and Liability Indemnification. IPS shall secure and maintain insurance from an insurance company acceptable to the City and authorized to write casualty insurance in the State of Minnesota which will protect IPS, its agents and employees, and the City from claims for bodily injury, death or property damage which may arise from the operations on the Site. IPS shall file a certificate of insurance or a certified copy of the insurance policy with the City. Such insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without thirty (30) days' written notice to the City of intention to cancel. The following coverages shall be provided in amounts not less than those specified: i. Public liability, general liability, persona/injury and property damage: (1) Injury or death of one person - $1,000,000. (2) Injury to more than one person in a single accident - $1,000,000. (3) Property damage - $1,000,000. (4) Total Aggregate Liability for all items $1,000,000. ii. Automobile and truck public liability personal injury and property damage, including owned and leased vehicles: (1) Injury or death of one person - $1,000,000. (2) Injury to more than one person in a single accident - $1,000,000. (3) Property damage - $I,000,000. Insurance coverage as specified in paragraphs (i) and (ii) shall be carried for the term that compost operations are conducted. (c) Upon commencement of this CUP, IPS shall deliver to the City an executed indemnification agreement in the form of Exhibit "B" attached hereto. Right to Require Performance. The failure of the City at any time to require performance by IPS of any provisions hereof shall in no way effect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the International Process Systems (IPS) Enclosed Organic Compost Facility CUP Page 4 of 7 I I I I I I I I I I I I I I I I I I I