Agenda - Council - 03/09/1993 - Laserfiche WebLink

Home

47. 48. 49. 50. 51. 52. ¢2) (3) Injury or dc.m.h of one pert. on - $~0,000, Injury to more than one per, on in a single eccident - ~;250,000. Property clmmagc - Insurance coverage as specified in paragraphs (i) mud (ii) shall be em'tied for the term that alurrfinum processing operations m'g conducted. (c) Upon commencement of this CUP, thc Permit I-toldcr shal! deliver to thc City an ex~um.,fl indemnification agreement in the form of Exhibit 'A' attached hereto. p,,izht to Rec_uire Pefformnncc. Thc failure of the City ,t nny time to require performance by the Permit Plolclcr of nny provisions herein shall in no w~y effect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breech of any of thc pro~4sions hereof be token or held to be ,~ waiver of any succeeding breach of such prov/sion or as a waiver of m~y provision.~ itself. ~. If ~ny provision of this CUP shall be declared void or unenforcemblc, the other provisions shall not be affect, ed, but shall remain in full force mud cftc. ct. Modification. This CUP constitutes the entire ,~greemcnt ,nfl understanding between the pm'ties hereto with rgspect to this CUP. This CUP shall not be considered modified, altered, changed or amended in any ms'peet unless in writing mud signed by the CiD' muff thc Permit Holdcr. Amendment. Sust~cnsion or Revocation of CUP. The violation of any of the material terms of this CUP is grounds for suspension or revocation hereof consistent w/th applicable law. Furthermore, the CiD' sp~.."ff'~ca.lJy r~serves the fight to amend, suspend or revoke this CUP consismnt with applicable taw as reasonably rcqukmd to protect the public health, safmy and welfare and the en~4ronment. Sp~..,'4..ficatty, but without timita6on the foregoing, thc Ciq, may ~,-nend, suspend or revoke this CUP consistent with appli~able l~w if thc City Council reasonabiy de "ter~ues that continued operation of the aluminum processing fecility places the public, hcmlth, safety or welfare or thc environment in jeopard3'. 'V~olafiOn Of Con6ifion~. If the Permit Ho]der or its successors or assig'ns w4ol~tes any ~t ~ial term or condition hnposed by this CUP, it ~y be revoked and terminated cons/stent with applicable law. Without t~mifing the foregoing, the violation of an), statute, rcgmlation, ordinance or permit condition imposed by l~wfu] govemmenm.l authority and governing operations on thc site is grounds for revocation and termination of this CUP, cons/stent with applicable law. The change, alteration or amendment or any such statute, regulation, ordinance or permit condition by any governmenrmJ, authority other than the City shall not excuse the Permit Holder from complian~.e with smmtc, regulations, ordinances or CUP conditions in cff~'u on the dam of the original issuance of this pgrmit unless compliance is waived or. excused by the CID'. Non~sgi~a~[.]iw_ Of CUP. Any fights conferred on Alloy Recovery Company by this CUP zre personal to the Permit Holder. The City is issuing this CUP on the basis of thc credit mud r:Dut~tion of the Permit Holder. The Permit Holder shall not assign or transfer this CUP w~thout fa-st obmiring approval of the City which ri:my allow or disallow such nmnsfer in ks absolute and sole discrctiom In the event of mansfer, the CUP sh~ll app}y to thc Permit Holders' successors and assigns. In the event the City declines for any reason to allow the mansfer of this CUP, the Permit Holder shsll either C°nfinuc with ~fluminum processing operations in f~ compliance with the mrms of this ClIP or terminate a~urninum processing operations zt its option.