Resolution - #00-03-077 - 03/28/2000

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11) Mississippi River Bridge Crossing: That Permittee shall enter into an agreement with Anoka County for an option to purchase appropriate right -of -way for potential Mississippi River bridge crossing which would impact the site. 12) Severability: If any provision of this CUP shall be declared void or unenforceable, the other provision shall not be affected but shall remain in full force and effect. 13) Modification: This CUP shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the City and the Permittee. 14) Amendment, Suspension or Revocation of CUP: The violation of any of the material terms of this CUP is grounds for suspension or revocation hereof, consistent with applicable law. Furthermore, the City specifically reserves the right to amend, suspend or revoke this CUP consistent with applicable law as reasonably required to protect the public health, safety and welfare and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend or revoke this CUP consistent with applicable law if the City Council reasonably 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 noise or other nuisance factors. 15) Violation of Conditions: If the permittee, or its successors or assigns, violates any material term or condition imposed by this CUP, it may be revoked and terminated consistent with applicable law. Without limiting the foregoing, the violation of any statute, regulation, ordinance, or permit condition imposed by lawful government authority and governing operations on the subject property, is grounds for revocation and termination of this CUP consistent with applicable law. The change, alteration or amendment of any such statute, regulation, ordinance or permit condition by any governmental authority, other than the City shall not excuse the permittee from compliance with statutes, regulations, ordinances or CUP conditions in effect on the date of the original issuance of this permit unless compliance is waived or excused by the City. 16) Assignability of CUP: In the event of transfer, this CUP shall apply to the successors and assigns of Diamonds Sports Bar & Grill, Inc., and an officer of Diamonds Sports Bar & Grill, Inc. shall provide the City with written notice of same within 30 days of the official date of transferring ownership. 17) On -Site Inspection: The City reserves the right to inspect the site for the purposes of conducting inspections and obtaining necessary information pertaining to the construction and operational effect of the facility. Inspections shall be conducted during normal business hours except in the event of an emergency. City personnel or agents performing the inspection shall provide reasonable notice to the permittee personnel prior to the time of the inspection. 18) Administration of Permit: All costs incurred by the City in administering and enforcing • this permit shall be the responsibility of the Permittee. RESOLUTION #00 -03 -077 Page 3 of 5