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7) That the City Administrator or his or her designee shall have the right to inspect the Subject <br />Property for compliance and safety purposes at any time. <br />8) 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 />9) 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 />10) That this Permit shall not be considered modified, altered, changed or amended in any respect <br />unless in writing and signed by the City and the Permittee. <br />11) 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 environment <br />in jeopardy or creates a public nuisance due to odors, litter, debris or other nuisance factors. <br />The change, alteration or amendment of any statute, regulation, ordinance or permit condition <br />by any governmental authority other than the City, shall not excuse the Permittee from <br />compliance with statutes, regulations, ordinances or Permit conditions in effect on the date of <br />the original issuance of this permit unless compliance is waived or excused by the City. <br />12) The Permittee shall provide a financial surety in the amount of $2,000 to ensure the proper <br />removal of the membrane structure by May 31, 2017. <br />The motion for the adoption of the foregoing resolution was duly seconded by Kuzma, and upon <br />vote being taken thereon, the following voted in favor thereof: <br />Mayor Strommen <br />Councilmember LeTourneau <br />Councilmember Kuzma <br />Councilmember Johns <br />Councilmember Riley <br />Councilmember Shryock <br />and the following voted against the same: <br />None <br />and the following abstained: <br />None <br />RESOLUTION #17-01-009 <br />Page 3 of 5 <br />