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(C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees <br />never to assail or challenge the same, and further agrees that Operator's use and occupancy of <br />the Carnival Area within the Parks Operator shall provide one (1) carnival ("Carnival Event") at <br />each location during the term of this Agreement on dates approved shall be limited solely to the <br />permission for such use and occupancy granted herein. <br />(D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all <br />of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 08- <br />078-PRCSA, issue date December 12, 2008, and Addendum No. 1 thereto (hereinafter, <br />collectively "RFP") attached hereto as Exhibit "B" and incorporated herein by reference. Any <br />failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the <br />RFP shall be deemed a breach of this Agreement and of the RFP. <br />(E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event <br />should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, <br />the City at its discretion may grant Operator alternative dates for the conducting of the Carnival <br />Events within the term of this Agreement. If Operator desires to obtain alternative dates as <br />provided in this paragraph, Operator must timely request the same from City. <br />2. SCOPE OF SERVICES <br />Operator shall provide at each of the Parks identified a full service carnival complete with <br />the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. <br />3. FEES/DEPOSITS/PERMITS/LICENSES <br />At least 10 days prior to the commencement date of each Carnival as set forth below, <br />Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth <br />below. <br />Operator agrees to pay the City and City agrees to accept from Operator the following <br />fees per Carnival Event. <br />Park/ Carnival Dates <br />Fee <br />Cesar Chaves/ <br />$4,500.00 <br />Campesino <br />April 17-19 <br />Centennial Park <br />$8,750.00 <br />May 22-25 <br />Rosita Park <br />$4,500.00 <br />June 12-14 <br />Centennial Park <br />$7,000.00 <br />July 3-6 <br />El Salvador Park <br />$4,500.00 <br />August 7-9 <br />