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18) That the violation of any of the material terms of this Permit is grounds for suspension or revocation hereof consistent with applicable law. Furthermore, the City specifically reserves the 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. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this Permit, 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 odors, litter, debris or other nuisance factors. 19) That if the Permittee or its successors or assigns violates any material term or condition imposed by this Permit, 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 Permit, 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 Permit Holder from compliance with statutes, regulations, ordinances or Permit conditions in effect on the date of the original issuance of this permit unless compliance is waived or excused by the City. 20) The Permittee shall be responsible for all City costs incurred in administering and enforcing this Permit. Said expenses shall be paid within fifteen (15) days of billing by the City and failure to pay the City's expenses within the fifteen (15) day billing period will permit the City to draw upon any of the escrows required by this agreement for payment. 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 permit in the event the Permit Holder fails to pay the City expenses within the fifteen (15) day billing period. The City reserves the right. to use these funds to pay for testing services as necessary. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Elvig, and upon vote being taken thereon, the following voted in favor thereof: Mayor Ramsey Councilmember Wise Councilmember Elvig Councilmember Dehen Councilmember Look and the following voted against the same None and the following abstained: None RESOLUTION #10 -02 -059 Page 3 of 5