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Reso 2010-1643
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Reso 2010-1643
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Last modified
6/3/2015 11:22:14 AM
Creation date
12/6/2010 3:06:00 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1643
Date (mm/dd/yyyy)
11/18/2010
Description
Agmt w/Toby’s Concession Srvs, at Pelican Community Park
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<br />4. SECURITY DEPOSIT. Contractor shall deposit and maintain with City a <br />$450.00 (four hundred and fifty dollar) security deposit to the City at least seven (7) calendar <br />days prior to commencing services under this agreement. The Security Deposit shall be held <br />by City and may be applied at the City's sole discretion against any unpaid fees, charges or <br />any other amount due and owing to City under this Agreement. If City makes such <br />deduction, Contractor shall restore the Security Deposit to the full amount required by City <br />within thirty (30) days of a written demand by City Manager or his designee. A failure by <br />Contractor to do so shall constitute a default pursuant to this Agreement. Any amounts <br />remaining from the Security Deposit (after deductions for delinquent or unpaid fees, costs or <br />charges as specified above) at the expiration or earlier termination of this Agreement shall be <br />returned to Contractor after a determination by the City Manager or his designee that all <br />amounts owed to City under this Agreement have either been paid in full or have been <br />deducted from the Security Deposit. <br /> <br />5. TERM. This Agreement shall be for a term of one (1) year commencing upon the <br />execution of this agreement and ending one (1) year thereafter, unless terminated sooner <br />pursuant to paragraph 14 of this Agreement. This term may be extended for an additional <br />one (l) year term at the sole option of the City. Any change in fee, terms or conditions shall <br />be accomplished by written amendment to this Agreement and approval by the City. <br /> <br />6. NO SUBLEASE. Contractor shall not sublease or otherwise convey any interest <br />of any sort granted by this agreement to any person or persons whatsoever without prior <br />written consent and approval by the City. <br /> <br />7. RECORDS AND ACCOUNTS. Contractor shall keep true and accurate books <br />and records showing all of its business transactions in separate records of account for the <br />concession operation, in a manner acceptable to the City. The City shall have the right, <br />through its representatives, and at all reasonable times, to inspect such books and records, <br />including State of Florida sales tax records. The City may require Contractor, at his expense, <br />to have his records and accounts audited by an auditor acceptable to the City and shall <br />present said audit to the City Manager or his designee within thirty (30) days after the <br />completion of the audit. If Contractor fails to provide the required audit, the City shall <br />contract to have an audit performed at the Contractor's expense. <br /> <br />8. CONDITION OF PREMISES. The taking of possession of the subject premises <br />by Contractor shall, in itself, constitute acknowledgment that the premises are in good and <br />tenantable condition. Contractor agrees to accept said premises in the present existing <br />condition, "as is" and the additions, or betterments thereto. Contractor shall not construct or <br />modify said premises without the prior written approval by the City Manager or his designee. <br />Any plans for such construction, if applicable, shall be submitted to the City for approval. <br />Such construction or modification shall be without cost to the City. <br /> <br />9. SIGNS. All signs, names or placards shall be approved by the City Manager or his <br />designee prior to installation. All signs must meet all requirements and specifications as set <br />forth by the City. <br />
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