Agenda - Planning Commission - 12/03/1996

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8. Closure Due to CUP Revocation, Other Circumstances. In the event this CUP is revoked pursuant to the terms herein' or the Permittee ceases operation of the facility for any reason except umasfer in ownership, including, but without limitation, order of the court orother agency of competent jurisdiction, bankruptcy, insolvency, or abandonment, the Permittee shall immediately proceed to remove all structures and equipment from the site. In the event thc Permittee fails to comply with the terms of this CUP, the City may, upon 30 days' written notice, enter on to the property and perform al1 such obligations, the costs of which shall be borne by the Permittee~ 9. ~ Severability. If any provision of this CUP shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 10. ~ Modification. This CUP shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the City and the Permittee. 1 I. ~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 specifiea~y reserves the right to _amend, suspend or ~ revoke this CUP consistent with applicable law as reasonably requix~ to protect the public health, safety and welfare, and the environment, Specific~y, but without limiting the ~ foregoing, the City may amend, suspend or revoke this CUP consistent with applicable law ~ ff 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 odors, noise or other nuisance factors. 12. Violation of Conditions[ ff 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 governmental authority and governing operations on the Site 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 Permitle~ from compliance with statutes, regulations, ordinances or ~. CUP conditions in effect on the 6a_te of the original issuance of this Permit unless !; compliance is waived or excused by the City. 13. i Assignability of CUP. In the event of' n'ansfer,' this CUP shall apply to NorAm's ~ successors and assigns and NorAm shall provide the City with written notice, of same ~ within thirty (30) days of the official date of transfer in ownersMp. 14. i .On-site Inspeetion. The City reserves the fight to inspect the site for the purposes of ~ conducting inspections and obtaining necessary information pertaining to the construction, & operation and environmental effect of the facility. Inspections shall be conducted during i~ norm_a! business hours except in the event of an emergency. '"City personnel or agents i performing the inspection will provide reasonable notice to the Permittee personnel prior to ~ the time of inspection. - ! . The-motion for the adoption of the foregoing resolution was duly seconded by Couneilmember ,~ and upon vote being taken thereon, the following voted in favor thereof: RePresentatives of NorAm Energy Management hereby acknowledge receipt of this conditional use penni~ 't and acknowledge that they have reviewed the conditions of this permit and have agreed that they will cause compliance with the terms of this permit. NORAM ENERGY MANAGEMENT