Agenda - Council - 10/26/2004 - 10/26/04

Home

2) The Permittee herein agrees that all travel trailers and/or recreational vehicles (RV) will be stored on grass and such area will be mowed and trimmed on a weekly basis. 3) This Permit shall commence on the date of City Council approval and shall expire on August 1, 2005. 4) This Permit is applicable only to the outdoor storage of travel trailers and/or recreational vehiclcs (RV) and use of the property for the outdoor storage of any other items is prohibited. 5) This Permit shall become null and void' in the event site operations permanently cease prior to the expiration date or upon the expiration date, whichever occurs first. All RV's and travel trailers must be removed from the Subject Property within sixty (60) days of the date of termination or the expiration date of the Permit, whichever occurs first. Upon City Council approval, the Permittee shall provide a financial guarantee to the City, in the amount of Five rI'housand Dollars and no cents ($5,000.00) to ensure timely removal of all RV's and travel trailers. In the event the Permittee fails to perform said timely removal, the Permittee herein grants the City authority to draw upon the financial surety to remove said items from the Subject Property. The financial guarantee may be in the form of cash Or some other form that is determined to be acceptable to the City. This financial guarantee shall be maintained as long as the Permit remains in effect and until all RV's and travel trailers are properly removed froln the Subject Property. ' 6) That all costs incurred by the City in administering and enforcing this Permit shall be the responsibility of the Permittee. 7) That the City Administrator or his or her designee shall have the right to inspect the Subject Property for compliance and safety purposes at any time. 8) 9) That the failure of the City at any time to require performance by the Permittee of any provisions herein shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision'itself. That if any provision of this Permit shall be declared void or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. 10) That this Permit shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the City and the Permittee. 11) That if the Permittee or its successors or assigns violates any material term or condition of this Permit it is grounds 1%i~ suspension or revocation hereof consistent with applicable law. Specifically, but without limiti.ng the foregoing, the City may amend, suspend, or revoke this Permit, consistent with applicable law, if the City Council reasof~ably determines that continued operation of the facility places the' public health, safety or welfare or the environment in jeopardy or creates a public nuisance due to odors, litter, debris or' other nuisance l:actors. The change, alteration or amendment of any statute, regulation, ordinance or permit condition by any governmental authority other than the City, shall not excuse the RESOLUTION #04-xx-xxx Page 2 of 4