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O ENTERTAINMENT, INC. 4
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O ENTERTAINMENT, INC. 4
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Last modified
8/23/2021 2:30:38 PM
Creation date
7/31/2009 8:13:55 AM
Metadata
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Template:
Contracts
Company Name
"O" ENTERTAINMENT, INC.
Contract #
A-2009-017
Agency
Parks, Recreation, & Community Services
Council Approval Date
2/2/2009
Expiration Date
12/31/2009
Destruction Year
2014
Notes
Amended by A-2009-017-001, A-2011-046
Document Relationships
O ENTERTAINMENT, INC. 4A
(Amended By)
Path:
\Contracts / Agreements\ INACTIVE CONTRACTS (Originals Destroyed)\O (INACTIVE)
O ENTERTAINMENT, INC. 4B
(Amended By)
Path:
\Contracts / Agreements\ INACTIVE CONTRACTS (Originals Destroyed)\O (INACTIVE)
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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 Camival 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) days 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 />whichever is earlier. If any property described herein or hereinafter added hereto is taken in <br />eminent domain, the entire award shall be paid to City. <br />19. TERMINATION <br />This Agreement may be terminated by the City without cause upon thirty (30) days <br />written notice of termination. City may terminate this Agreement for cause upon three (3) days <br />written notice for any violation of the terms contained herein. <br />
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