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Reso 2010-1619
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Reso 2010-1619
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Last modified
11/19/2010 11:30:13 AM
Creation date
11/4/2010 2:43:35 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1619
Date (mm/dd/yyyy)
10/14/2010
Description
RFP 10-08-03, Agmt w/Sugars Drop Shop, Concessionaire Srvs at Skateboard Park
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<br />b. To notify the City promptly of any damage to the subject premises <br />resulting from or attributed to the acts or omissions of the Contractor, its invitees <br />or its authorized representatives, and thereafter promptly to repair all such <br />damage. Any damage resulting from the negligent acts or omissions of the <br />Contractor or its employees shall be repaired at Contractor's sole cost and <br />expense. <br /> <br />11.12 CONTRACTOR'S RESPONSIBILITY TO COLLECT LIABILITY <br />WAIVERS: The Contractor shall be required to maintain the peace and order of <br />the skateboard park area and shall ensure that all skateboard users sign City <br />approved liability waivers and follow safety guidelines, including but not limited <br />to helmet use. Contractor shall distribute and collect liability waivers for all users <br />of the skateboard park. Contractor shall not permit any skateboard user from <br />using the skateboard park who hasn't signed a liability waiver. Contractor shall <br />be required to submit the signed liability waivers to the City at the end of each <br />month. <br /> <br />11.13 ADHERENCE TO LIGHTNING PREDICTION SYSTEM Contractor shall <br />agree to adhere to the City's lightning prediction system installed at Town Center <br />Park. Contractor agrees that in the event the lightning prediction system is <br />activated, the Contractor shall cooperate with the City in temporarily closing <br />down the skateboard park and not resuming services until the lightning advisory is <br />lifted. <br /> <br />12. OBLIGATIONS OF CITY <br /> <br />12.01 UTILITIES: The City shall pay the reasonable costs for the actual <br />utilities, including water, gas, heat, light and power supplied to the subject <br />premises. The suspension or interruption in utility service to the leased <br />premises for reasons beyond the ability or control of the City shall not <br />constitute a default by City or entitle Contractor to any reduction or <br />abatement of the monthly payment due to the City. <br /> <br />13. TERMINATION. <br /> <br />a. Termination for Default. If, through any cause within the reasonable <br />control the Contractor shall fail to fulfill in a timely manner or otherwise <br />violate any of the covenants, agreements or stipulations material to this <br />agreement, the City shall have the right to terminate the services then <br />remaining to be performed. Prior to the exercise of its option to terminate <br />for cause, the City shall notify the Contractor of its violation of the <br />particular terms of the agreement and grant Contractor ten (10) days to cure <br />such default. If the default remains uncured after ten (10) days the City <br />may terminate this agreement. <br /> <br />1. In the event of termination, all finished and unfinished <br />documents, data and other work product prepared by <br />
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