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Agenda - Council - 10/23/1990
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Agenda - Council - 10/23/1990
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
10/23/1990
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ii. Automobile <br /> <br /> (1) <br /> (3) - <br /> <br /> Ins anc <br /> (ii) sb <br /> opez tic <br /> <br /> (c) Upo corn <br /> City an <br /> of E hik <br /> <br />29. B ic to i <br /> ti~e to r qu~ <br /> shall in no' <br /> enforce the s <br /> of. any of t~ <br /> waiver of any <br /> waiver of any <br /> <br />30 Severabil ity. <br /> void or unen~ <br /> affected, but <br /> <br />31 Modification. <br /> <br /> CUP. This C[ <br /> changed or ame <br /> by the City ar <br /> <br />32 Amendment, Sus <br /> any of the mat <br /> sion or revoc <br /> Furthermore, <br /> amend, suspend <br /> law as reasor <br /> s.afety and we <br /> without limitJ <br /> or revoke this <br /> Council re~ <br /> yard waste <br /> safety ol <br /> a public <br /> nuisance <br /> <br />injury and <br />leased vehicles: <br /> <br />and truck public liability personal <br />property damage including owned and <br /> <br /> Injury or death of one person - $1,000,000. <br /> Injury to more than one person in a single <br /> accident $1,000,000. <br /> Property damage - $1,000,000. <br /> <br /> Insurance coverage as specified in paragraphs (i) and <br /> shall be carried for the term that compost <br /> operations are conducted. <br /> <br /> Upon commencement of this CUP, WMMI shall deliver to the <br /> executed indemnification agreement in the form <br /> of Exhibit "B" attached hereto. <br /> <br />Right to Require Performance. The failure of the City at any <br />to require performance by WMMI of any provisions hereof <br />way effect the right of the City thereafter to <br />enforce the same. Nor shall waiver by the City of any breach <br />the provisions hereof be taken or held to be a <br />succeeding breach of such provision or as a <br />of any provision itself. <br /> <br /> If any provision of this CUP shall be declared <br /> unenforceable, the other provisions shall not be <br /> but shall remain in full force and effect. <br /> <br /> This CUP constitutes the entire agreement and <br />understanding between the parties hereto with respect to this <br />CUP shall not be considered modified, altered, <br />changed or amended in any respect unless in writing and signed <br /> and WM~I. <br /> <br /> Suspension or Revocation of CUP. The violation of <br /> material terms of this CUP is grounds for suspen- <br /> revocation hereof consistent with applicable law. <br /> the City specifically reserves the right to <br /> suspend or revoke this CUP consistent with applicable <br /> reasonably required to protect the public health, <br /> welfare and the environment. Specifically,-but <br />limiting the foregoing, the City may amend, suspend <br />CUP consistent with applicable law if the City <br />Council reasonably determines that continued operation of the <br />composting facility places the public health, <br />or welfare or the environment in jeopardy or creates <br />nuisance due to odors, litter, debris or other <br />factors. <br /> <br /> <br />
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