Resolution - #95-02-042 - 02/28/1995

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10) That all costs incurred by the City in administering and enforcing this permit shall be the responsibility of the Permit Holder. 11) 12) The Permit Holder 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 Holder 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. 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. 13) Run-off shall be contained on the Site and shall be in accordance with the grading and drainage plans approved by the City at the time the original permit was issued in 1988. 14) 15) This Conditional Use Permit shall be in effect until March 1, 2000, unless previously revoked by the City. In the event site operations permanently cease, this Permit becomes null and void and all materials relating to the production of asphalt or recycled aggregate on the Site shall be removed by the Permit Holder within ninety (90) days of the date of termination of the Permit. The Permit Holder 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 Permit Holder fails to perform said removal upon the Permit becoming void or revoked or expired. 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. 16) 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. 17) That the failure of the City at any time to require a performance by the Permit Holder 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. 18) 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. 19) 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 Permit Holder. 20) That the violation of any of the material terms of this Permit is grounds for suspension or revocation hereof consistent with applicable law. Furthermore, the City specifically reserves the right to amend, suspend, or revoke this Permit consistent with applicable law as reasonably required to protect the public health, safety and welfare and the environment. Resolution #95-02°042 Page 3 of 5