Agenda - Council - 03/24/1998 - Laserfiche WebLink

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I I I 6) 7) 8) 9) 12) Control of Operations: The permittee shall be responsible for enclosing the entire outdoor recreational activity area in a chain link fence. This chain link fence is approved for construction on the common property line with the adjacent parcel to the southwest of the subject property. The permittee shall be responsible for maintaining a tree screening between the subject property and the adjacent parcel to the southwest. It is herein agi'eed that the volley bail courts will maintain a 40-foot setback from the common property line with the adjacent parcel to the southwest. Lighting: Any lighting used to illuminate the recreational activity area shall be arranged to deflect light away from an adjoining residential district or public streets. Bulbs emitting in excess of 3,000 lumens (150 watts) shall be so directed that the bulb is not visible from off of the property where such light source is located. All lighting shall be subject to the prior approval of the City Engineer. Noise: No outdoor PA system or amplified music shall be permitted. Severability: If any provision of this CUP shall be declared void or unenforceable, the other provision shall not be affected but shall remain in full force and effect. Modification: This CLIP shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the City and the permittee. Amendment, Suspension or Revocation of CUP: The violation of any of the material terms of this CUP is grounds for suspension or revocation hereof, consistent with applicable law. Furthermore, the City specifically reserves the right to amend, suspend or revoke this CUP consistent with applicable law as reasonably required to protect the public health, safety and welfare and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend or revoke this CUP consistent with applicable law if the City Council reasonably determines that continued operation of the facility places the public health, safety, or welfare, or the environment in jeopardy or creates a public nuisance due to noise or other nuisance factors. Violation of Conditions: If the permittee, or its successors or assigns, violates any material term or condition imposed by this CUP, it may be revoked and terminated consistent with applicable law. Without limiting the foregoing, the violation of any statute, regulation, ordinance, or permit condition imposed by lawful government authority and governing operations on the subject property, is grounds for revocation and termination of this CUP consistent with applicable law. The change, alteration or amendment of any such statute, regulation, ordinance or permit condition by any governmental authority, other than the City shall not excuse the permittee from compliance with statutes, regulations, ordinances or CUP conditions in effect on the date of the original issuance of this permit unless compliance is waived or excused by the City.