Resolution - #02-09-251 - 09/24/2002

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12. That the terms of the CUP shall be binding upon its successors and assigns. 13. In the event the Permittee, or its successors, or assigns, violates the terms of this CUP, said violation shall be grounds for suspension or revocation pursuant to Section 9.03.04 Subd 9 of the City Code. 14. In the event this CUP is declared void or unenforceable by a court or competent jurisdiction, the other provisions shall not be affected but shall remain in full force and effect. 15. That the Permittee shall provide a financial guarantee to the City, guaranteeing the construction and timely completion of the required site improvements described herein. The financial guarantee shall be in the amount of One Hundred Twenty Five Thousand Dollars and no cents ($12,5000.00), which amount is 125% of the City Engineer's estimated cost of the required site improvements. The form and issuer of the financial guarantee shall be subject to the approval of the City. The financial guarantee shall be deposited with the City prior to the construction and installation of the second product silo on the Subject Property. Upon total completion of the site improvements and acceptance by City, the Permittee may request a total reduction in the amount of the financial guarantee. The motion for the adoption of the foregoing resolution as duly seconded by Mayor Gamec and upon vote being taken thereon, the following voted in favor thereofi Mayor Gamec Councilmember Kurak Councilmember Anderson Councilmember Hendriksen Councilmember Zimmerman and the following voted against the same: None and the following abstained: None and the following were absent: None whereupon said resolution was declared duly passed and adopted by the Ramsey City Council, this the 24th day of September, 2002. Resolution #02-09-251 Page 3 of 4