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] i) <br /> <br />lFnat the failure of the City. at an?~cime to require a pe,~onnance by the Pennittee of any <br />provisions herein shall in no way af~%ct the right of ~e Ci~ therea~er to enforce the same· <br />Nor shah waiver by the City of any breach o~' any of the provisions hereof be taken or held to <br />be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. <br /> <br />12)That if any provision of this Pem2it shall be declared void or unenforceable, the other <br /> provisions shall not be a~ected but shall remain in full force and e_ffect. <br /> <br />13) That this Permit shall not be considered modified, altered, changed or amended in any respect <br /> unless in writing and sig-ned by the City, and the ?errnittee. <br /> <br />That if the Permit-tee or its successors or assig-ns violates any mate~al tea or condition of <br />this Pen-nit it is grounds for susoension or revocation hereof consistent with appiicdDie law. <br />Specifically, but without limiting the foregoing, the Ci~ may amend, suspend, or revoke th/s <br />Penzait, consistent with applicable law, if the City Council reasonably determines ~:hat <br />continued operation of the facility places the pu~li~ health, safety., or welfare or the <br />environmem in .jeopardy or creates a public nuisance due to odors, litter, debris or other <br />nuisance factors. The change, alteration or arnendmenr of any statute, regulation, ordinance <br />or permit condition by any governmental authority other than the CiE% shall not excuse the <br />Permitme from compliance with statutes, regulations, ordinances or Permit conditions in <br />eh%ct on the date of the original issuance of fffis permit unless compliance is waived or <br />excused by the City. <br /> <br />The motion for the adoption of the tbregoing resolution was duly seconded by Coun~ilmember · and upon vote bein~ taken thereon, the following voted in favor thereof': <br /> <br />and the following voted against the same: <br /> <br />and the ~%l].owing abstained: <br /> <br />and the following were absent: <br /> <br />whereuoon said resolution was declared duly passed and adopted by the tkarnsey CiD' Council <br />this the 26th day of August. 2003. <br /> <br />Anoka Tectmical College hereby acknowledges receipt of this intem~ use permit and has <br />reviewed the conditions of this pemtit and has a~eed that they will comply with the terms of this <br />penrnt. <br /> <br />RESOLUTION #03-08- <br /> Page 3 of 5 <br /> <br />-179- <br /> <br /> <br />