Resolution - #01-07-255 - 07/24/2001

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• • • 8) That all outside storage of equipment shall be in an orderly fashion. The outside storage of debris and /or materials not used in the operation and inoperable vehicles and equipment shall not be permitted. 9) In the event site operations permanently cease, this Permit becomes null and void and all materials relating to the production of concrete on the Site shall be removed by the Permittee within ninety (90) days of the date of termination of operations. The Permittee shall provide a financial guarantee at the City, in the amount of Ten Thousand Dollars and no cents ($10,000.00) to insure removal of all materials and equipment in the event the Permittee fails to perform said removal upon the termination of operations. The financial guarantee may be in the form of cash, or some other form of financial guarantee such as an irrevocable Letter of Credit or performance bond, acceptable to the City. This financial guarantee shall be maintained at the City as long as the Permit remains in full force and effect. 10) That the City Administrator or his designee shall have the right to inspect the Site for compliance and safety purposes annually or at any time upon reasonable request. 11) That the failure of the City at any time to require a 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. 12) 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. 13) 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. 14) That if the Permittee or its successors or assigns violates any material term or condition of this Permit it is grounds for suspension or revocation hereof consistent with applicable law. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this Permit, 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 odors, litter, debris or other nuisance factors. 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 Permit Holder from compliance with statutes, regulations, ordinances or Permit conditions in effect on the date of the original issuance of this permit unless compliance is waived or excused by the City. 15) The Permittee shall be responsible for all City costs incurred in administering and enforcing this Permit. Said expenses shall be paid within fifteen (15) days of billing by the City and failure to pay the City's expenses within the fifteen (15) day billing period will permit the City to draw upon any of the escrows required by this agreement for payment. The Permit I- lolder shall maintain a $2,000.00 balance in an escrow account with the City. This escrow shall be used to reimburse the City for expenses incurred in the administration of this permit in the event the Permit Holder fails to pay the City expenses within the fifteen (15) day billing period. The City reserves the right to use these funds to pay for testing services as necessary. 16) That from December 1, 2002 through October 31, 2003 of the permit, the permittee, it's successors and /or assigned will voluntarily terminate this permit in the event the subject property or any part thereof is determined to be reasonably necessary for right -of -way use for a future Mississippi River Bridge Crossing. RESOLUTION #01 -07 -255 Page 2 of 4