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6) Modification: The CUP shall not be considered modified, altered, changed or amended in <br /> any respect unless in writing and signed by the City and the Permittee. <br /> 7) Amendment, Suspension or Revocation of CUP: The violation of any of the material terms <br /> of this CUP is grounds for suspension or revocation hereof, consistent with applicable law. <br /> Furthermore, the City Specifically reserves the right to amend, suspend or re3voke this <br /> CUP consistent with applicable law as reasonably required to protect the public health, <br /> safety and welfare of the environment. Specifically, but without limiting the foregoing,the <br /> City may amend, suspend or revoke this CUP consistent with applicable law if the City <br /> Council reasonably determines that continued operation of the facility places the public <br /> health, safety, welfare, or the environment in jeopardy or creates a public nuisance due to <br /> noise or other nuisance factors. <br /> 8) Violation of Conditions: If the Permittee, or its successors or assigns,violates, any material <br /> term or condition imposed by this CUP, it may be revoked and terminated consistent with <br /> applicable law. Without limiting the foregoing, the violation of any statute, regulation, <br /> ordinance, or permit condition imposed by lawful government authority and governing <br /> operations on the subject property, is grounds for revocation and termination of this CUP <br /> consistent with applicable law. The change, alteration or amendment of any such statute, <br /> regulation, ordinance or permit condition by any governmental authority, other than the <br /> City shall not excuse the Permittee from compliance with statutes, regulations, ordinances <br /> or CUP conditions in effect on the date of the original issuance of this permit unless <br /> compliance is waived or excused by the City. <br /> 9) Assignability of CUP: In the event of transfer, this CUP shall apply to the successors and <br /> assigns of Concrete Masonry Unlimited, Inc., and an officer of Concrete Masonry <br /> Unlimited, Inc. shall provide the City with written notice of same within 30 days of the <br /> official date of transferring ownership. <br /> 10) 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 business <br /> hours except in the event of an emergency. City personnel or agents performing the <br /> inspection shall provide reasonable notice to the Permittee personnel prior to the time of <br /> the inspection. <br /> 11) Administration of Permit: All costs incurred by the City in administering and enforcing <br /> this permit shall be the responsibility of the Permittee. <br /> Resolution #98-03-049 <br /> Page 2 of 3 <br />