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FIESTA DE CARNIVAL 3
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FIESTA DE CARNIVAL 3
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Last modified
12/3/2015 4:37:07 PM
Creation date
3/19/2008 3:27:18 PM
Metadata
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Template:
Contracts
Company Name
FIESTA DE CARNIVAL
Contract #
A-2008-021
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
2/4/2008
Expiration Date
12/31/2008
Insurance Exp Date
2/11/2008
Destruction Year
2013
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14. WASTE OR NUISANCE <br />Operator shall not commit or permit the commission by others of any waste on the Park <br />or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or <br />commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California <br />Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the <br />Park or Carnival Areas for any unlawful purpose. <br />15. PUBLIC NECESSITY <br />City may immediately temporarily suspend operation of this Agreement and the Carnival <br />Event in the event of public necessity or emergency, as may be determined by the City Manager. <br />Such suspension will terminate when the public necessity or emergency no longer exists. <br />16. ON-SITE OFFICE <br />One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location <br />pre -determined by the Park Superintendent, to be used exclusively as a business office by <br />Operator. This vehicle must be equipped as an office and used only as such. Under no <br />circumstances is this vehicle to be used for sleeping accommodations while on Park premises. <br />The office vehicle will be allowed on the premises for the period provided for all other carnival <br />equipment pursuant to the RFP. <br />17. LIENS <br />Operator will not permit any mechanics' or materialmens' or other liens to stand against <br />the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person <br />claiming under Operator. <br />18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION <br />In the event of any damage, destruction or condemnation of the Park and/or Carnival <br />Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's <br />judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with <br />respect to the subject Carnival Area by giving written notice to the City within thirty (30) days <br />after such damage, destruction or condemnation. If by virtue of such damage, destruction or <br />condemnation, City determines that the Park and / or Carnival Area is no longer adequate for <br />Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy <br />such damage, destruction or condemnation have not been completed or cannot reasonably be <br />completed outside of forty-five (45) days from the date of the up coming scheduled carnival, <br />City may terminate this Agreement upon thirty (30) written notice to Operator. <br />In the event of condemnation, unless Operator is allowed by the condemning authority to <br />continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to <br />the Property vests in the condemning authority or Operator is required to cease its operations, <br />
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