Resolution - #01-06-241 - 06/26/2001

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• • • the City of any change in dross processing/disposal facilities within 30 days of such change. 17. Control of Operations. All hauling, processing, separating, disposal and other activities incidental to the facility shall be conducted in conformance with state and federal regulations and in accordance with the applicable requirements of the Performance Standards of the City Code (Section 9.11). Operations must be conducted so as to minimize noise, safety, smoke or other nuisance concerns to adjacent properties. 18. Litter Control. The Permittee shall be responsible for removing debris in the public right - of -way resulting from the operations of the facility. Debris removal shall be instituted promptly following information of such accumulation. Visual checks for debris accumulation shall be made at least once daily by the Permittee. 19. Equipment and Vehicle Maintenance. All equipment and vehicles utilized in the conduct of operations at the facility shall be maintained to minimize noise, odors, safety and fire safety concerns. 20. Screening. The Permittee agrees to screen outdoor storage and processing areas to a degree of 100% opacity, in accordance with Term #'s 11 and 38 of this Permit and the site plan dated May 23, 2001, from the public right -of -way and adjacent parcels. The installation of all screening on Lot 1 shall be completed by September 30, 2002. 21. Escrow For Required Screening Improvements. In order to insure the installation of the screening (13 foot high rock face concrete block wall) in accordance with City specifications and in a timely manner, the Permittee shall be required to deposit with the City a financial surety, approved as to form by the City, in the amount of Fifty Thousand Dollars and no cents ($50,000.00), which is 150% of the City's estimated cost of the Improvements. Upon completion of the construction of the required screening improvements, the financial guarantee shall be returned to the Permittee. The determination of completion of the construction of the required screening shall be made by the City Engineer or his/her designee. In the event the Permittee fails to construct and install the required screening as required herein, the City Council may order the completion of the required screening with City day labor and/or by letting contracts for said completion and draw upon the escrow for payment. Only the City Council shall have the authority to direct completion of the required screening and withdraw from the escrow account. The Permittee hereby grants permission and a license to the City and/or its contractors and assigns to enter upon the Subject Property for the purpose of completing the construction and installation of the required screening in the event of the Permittee's default. 22. Sanitary Sewer and Municipal Water. Notwithstanding any City Charter provision to the contrary, the Permittee agrees that it will connect to City municipal utilities within two (2) years of their availability to the site. RESOLUTION #01 -06 -241 Page 4 of 9