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16) That all costs incurred by the CITY in administering and enforcing this Permit shall be the <br />responsibility of the PERMITTEE. <br />17) 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 />18) 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 <br />to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. <br />19) 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 />20) 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 />21) That if the PERMITTEE or its successors or assigns violates any material term or condition <br />of 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 />The motion for the adoption of the foregoing resolution was duly seconded by Councilmember <br />Kuzma, and upon vote being taken thereon, the following voted in favor thereof: <br />Mayor Strommen <br />Councilmember Riley <br />Councilmember Kuzma <br />Councilmember Johns <br />Councilmember Shryock <br />Councilmember Williams <br />and the following voted against the same: <br />None <br />RESOLUTION #17-01-020 <br />Page 3 of 6 <br />