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Agenda - Council - 01/22/2002
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Agenda - Council - 01/22/2002
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Meetings
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Meeting Type
Council
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01/22/2002
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-230- <br /> <br />date of termination of operations. The Permit-tee shall provide a financial guarantee to the <br />City, in the amount ofTen Thousand Dollars and no cents ($10,000.00) to insure removal of <br />all materials and equipment in the event the Permittee fails to perform said removal upon the <br />termination of operations. The financial guarantee may be in the form of cash, or some other <br />form of financial guarantee such as an irrevocable Letter of Credit or performance bond, <br />acceptable to the City. This financial guarantee shall be maintained as long as the Permit <br />remains in effect. <br /> <br />7) That the City Administrator or his or her designee shall have the right to inspect the Site for <br /> compliance and safety purposes annually or at any time upon reasonable request. <br /> <br />8) <br /> <br />That the failure of the City at any time to require a performance by the Permittee of any <br />provisions herein shall in no way affect the right of the City thereaiSer to enforce the same. <br />Nor shall waiver by the City of any breach of 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 />9) That if any provision of this Permit shall be declared void or unenforceable,' the other <br /> provisions shall not be affected but shall remain in full force and effect. <br /> <br />10) That this Permit shall not be considered modified, altered, changed or amended in any respect <br /> unless in writing and signed by the City and the Permittee. <br /> <br />That if the Permittee or its successors or assigns violates any material term or condition of this <br />Permit it is grounds for suspension or revocation hereof consistent with applicable law. <br />Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this <br />Permit, consistent with applicable law, if the City Council reasonably determines that <br />continued operation of the facility places the public health, safety or welfare or the <br />environment in jeopardy or creates a public nuisance due to odors, litter, debris or other <br />nuisance factors. The change, alteration or amendment of any statute, regulation, ordinance or <br />permit condition by any governmental authority other than the City, shall not excuse the <br />Permitee from compliance with statutes, regulations, ordinances or Permit conditions in effect <br />on the date of the original issuance of this permit unless compliance is waived or excused by <br />the City. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Councilmember <br /> .. , and upon vote being taken thereon, the following voted in favor <br />thereof: <br /> <br />and the following voted against the same: <br />and the following abstained: <br />and the following were absent: <br /> <br />'RESOLUTION #02-01- <br /> Page 2 of 4' <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br />I <br /> <br />I <br />I <br /> <br />I <br />I <br />i <br />I <br /> <br /> <br />
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