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5) That all costs incurred by the City in administering and enforcing this Permit shall be the <br />responsibility of the Permittee. <br />6) That the City Administrator or his or her designee shall have the right to inspect the Subject <br />Property for compliance, safety measures and quantities and storage of combustibles at any <br />time. <br />7) That the failure of the City at any time to require performance by the Permittee of any <br />provisions herein shall in no way affect the right of the City thereafter to enforce the same. <br />Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to <br />be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. <br />8) That if any provision of this Permit shall be declared void or unenforceable, the other <br />provisions shall not be affected but shall remain in full force and effect. <br />9) That this Permit shall not be considered modified, altered, changed or amended in any <br />respect unless in writing and signed by the City and the Permittee. <br />10) That if the Permittee or its successors or assigns violates any material term or condition of <br />this Permit, it is grounds for suspension or revocation hereof consistent with applicable law. <br />Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this <br />Permit, consistent with applicable law, if the City Council reasonably determines that <br />continued operation of the facility places the public health, safety or welfare or the <br />environment in jeopardy or creates a public nuisance due to odors, litter, debris or other <br />nuisance factors. The change, alteration or amendment of any statute, regulation, ordinance or <br />permit condition by any governmental authority other than the City, shall not excuse the <br />Permittee from compliance with statutes, regulations, ordinances or Permit conditions in <br />effect on the date of the original issuance of this permit unless compliance is waived or <br />excused by the City. <br />The motion for the adoption of the foregoing resolution was duly seconded by Mayor Ramsey, <br />and upon vote being taken thereon, the following voted in favor thereof: <br />Mayor Ramsey <br />Councilmember Elvig <br />Councilmember Backous <br />Councilmember McGlone <br />Councilmember Strommen <br />Councilmember Tossey <br />Councilmember Wise <br />and the following voted against the same: <br />None <br />RESOLUTION #12 -09 -147 <br />Page 2 of 4 <br />