Resolution - #04-10-331 - No Signature - 10/26/2004

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5)This Permit shall become null and void in the event use granted under this permit permanently cease prior to the expiration date or upon the expiration date, whichever occurs first. 6)That all costs incurred by the City in administering and enforcing this Permit shall be the responsibility of the Permittee. 7)That the City Administrator or his or her designee shall have the right to inspect the Subject Property for compliance and safety purposes at any time. 8)That the failure of the City at any time to require performance by the Permittee of any provisions 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 waiver of any succeeding breach of such provision or as a waiver of any provision itself. 9)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. 10)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 Permittee. 11)That if the Permittee or its successors or assigns violates any material term or condition of this Permit it is grounds for suspension or revocation hereof consistent with applicable law. 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. The change, alteration or amendment of any statute, regulation, ordinance or permit condition by any governmental authority other than the City, shall not excuse the Permitee 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. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Strommen, and upon vote being taken thereon, the following voted in favor thereof: Mayor Gamec Councilmember Cook Councilmember Strommen Councilmember Kurak Councilmember Pearson Councilmember Zimmerman and the following voted against the same: None and the following abstained: RESOLUTION #04-10-331 Page 2 of 4