Agenda - Council - 02/28/1995 - Laserfiche WebLink

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I I I ! I I I I I I 11) 12) 13) 14) 15) 16) 17) 18) 20) The Permit Holder shall maintain a $2,000.00 balance in an escrow account with the City. This escroW, shall be used to reimburse the City for expenses incurred in the administration of this pe .'.rmit in the event the Permit Holder fails to pay the City expenses within the fifteen (15) day ~illing period. The City reserves the right to use these funds to pay for testing services a~_ necessary. That all ootside storage of equipment shall be in an orderly fashion. The outside storage of debris and/or materials not used in the operation and inoperable vehicles and equipment shall not bb permitted. Run-off s.fiall be contained on the Site and shall be in accordance with the grading and drainage plans approved by the City at the time the original permit was issued in 1988. This Conditional Use Permit shall be in effect until March 1, 2000. In the eveOt site operations permanently cease, this Permit becomes null and void and all materials telating to the production of asphalt or recycled aggregate on the Site shall be removed ~y the Permit Holder within ninety (90) days of the date of termination of the Permit. '1'~, e Permit Holder shall provide a financial guarantee at the City, in the amount of Ten ThouSand Dollars and no cents ($10,000.00) to insure removal of all materials and equipmeni in the event the Permit Holder fails to perform said removal upon the Permit becoming ~void or revoked or expired. The financial guarantee may be in the form of cash, or some 4ther form of financial guarantee such as an irrevocable Letter of Credit or performance bond, acceptable to the City. This financial guarantee shall be maintained at the City a.4 long as the Permit remains in full force and effect. That the City Administrator or his designee shall have the right to inspect the Site for complianC~ and safety purposes annually or at any time upon reasonable request. That the failure of the City at any time to require a performance by the Permit Holder of any provisiong herein shall in no way affect the right of the City thereafter to enforce the same. Nor shall Waiver by the City of any breach of any of the provisions hereof be taken or held to be a w/iver of any succeeding breach of such provision or as a waiver of any provision itself. ~ That if any provision of this Permit shall be declared void or unenforceable, the other provisions! shall not be affected but shall remain in full force and effect. That this Permit shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the City and the Permit Holder. That the violation of any of the material terms of this Permit is grounds for suspension or revocatiofi hereof consistent with applicable law. Furthermore, the City specifically reserves t§e right to amend, suspend, or revoke this Permit consistent with applicable law as reasonably required to protect the public health, safety and welfare and the environment. Specifical!y, but without limiting the foregoing, the City may amend, suspend, or revoke this Perm[t, consistent with applicable law, if the City Council reasonably determines that continued ~perafion of the composting facility places the public health, safety or welfare or the envirohment in jeopardy or creates a public nuisance due to odors, litter, debris or other nuisance factors. That if the Permit Holder or its successors or assigns violates any material term or condition !imposed by this Permit, it may be revoked and terminated consistent with applicablq law. Without limiting the foregoing, the violation of any statute, regulation,