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must be removed from the Subject Property within sixty (60) days of the date of termination <br />or the expiration date of the Permit, whichever occurs first. <br /> <br />7) That all costs incurred by the City in administering and enforcing this Permit shall be the <br /> responsibility of the Permittee. <br /> <br />8) 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 /> <br />9) <br /> <br />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 /> <br />10) 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 /> <br />11) 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 /> <br />12) 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 <br /> or permit condition by any governmental authority other than the City, shall not excuse the <br /> Permitee 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 /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Councilmember <br />Cook, and upon vote being taken thereon, the following voted in favor thereofi <br /> <br />Mayor Gamec <br />Councilmember <br />Councilmember <br />Councilmember <br />Councilmember <br />Councilmember <br />Councilmember <br /> <br />Kurak <br />Cook <br />Elvig <br />Pearson <br />Strommen <br />Zimmerman <br /> <br />and the following voted against the same: <br /> <br />None <br /> <br />RESOLUTION #04-06-163 <br /> Page 2 of 4 <br /> <br /> <br />