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7) <br /> <br />8) <br /> <br />9) <br /> <br />11) <br /> <br />12) <br /> <br />13) <br /> <br />15) <br /> <br />Lighting: Any lighting used to illuminate the recreational activity area shall be arranged <br />to deflect light away from an adjoining residential district or public streets. Bulbs <br />emitting in excess of 3,000 lumens (150 watts) shall be so directed that the bulb is not <br />visible from off of the property where such light source is located. All lighting shall be <br />subject to the prior approval of the City Engineer. <br /> <br />Noise: No outdoor PA system or amplified music shall be permitted. <br /> <br />Severability: If any provision of this CUP shall be declared void or unenforceable, the <br />other provision shall not be affected but shall remain in full force and effect. <br /> <br />Modification: This CUP shall not be considered modified, altered, changed or amended <br />in any respect unless in writing and signed by the City and the permittee. <br /> <br />Amendment, Suspension or RevOcation of CUP: The violation of any of the material <br />terms of tiffs CUP is grounds for suspension or revocation hereof, consistent with <br />applicable law. Furthermore, the City specifically reserves the right to amend, suspend or <br />revoke this CUP consistent with applicable law as reasonably required to protect the <br />public health, safety and welfare and the environment. Specifically, but without limiting <br />the foregoing, the City may amend, suspend or revoke this CUP consistent with <br />applicable law if the City Council reasonably determines that continued operation of the <br />facility places the public health, safety, or welfare, or the environment in jeopardy or <br />creates a public nuisance due to noise or other nuisance factors. ' <br /> <br />Violation of Conditions: If the permittee, or its successors or assigns, violates any <br />material term or condition imposed by this CUP, it may be revoked and terminated <br />consistent with applicable law. Without limiting the foregoing, the violation of any <br />statute, regulation, ordinance, or permit condition imposed by lawful government <br />authority and governing operations on the subject property, is grounds for revocation and <br />termination of this CUP consistent with applicable law. The change, alteration or <br />amendment of any such statute, regulation, ordinance or permit condition by any <br />governmental authority, other than the City shall not excuse the permittee from <br />compliance with statutes, regulations, ordinances or CUP conditions in effect on the date <br />of the original issuance of this permit unless compliance is waived or excused by the <br />City. <br /> <br />Assignability of CUP: In the event of transfer, this CUP shall apply to Holm's Super <br />Bowl, Inc.'s successors and assigns, and Holm's Super Bowl Inc. shall provide the City <br />with written notice of same within 30 days of the official date of transferring ownership. <br /> <br />On-Site Inspection: The City reserves the right to inspect the site for the purposes of <br />conduction inspections and obtaining necessary information pertaining to the construction <br />and operational effect of the facility. Inspections shall be conducted during normal <br />business hours except in the event of an emergency. City personnel or agents performing <br />the inspection shall provide reasonable notice to the permittee personnel prior to the time <br />of the inspection. <br /> <br />Administration of Permit: All costs incurred by the City in administering and enforcing <br />this permit shall be the responsibility of the permittee. <br /> <br /> <br />