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ROBERT ACOSTA & ASSOCIATES 1
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ROBERT ACOSTA & ASSOCIATES 1
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Last modified
3/25/2024 3:49:01 PM
Creation date
9/25/2012 2:35:55 PM
Metadata
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Contracts
Company Name
ROBERT ACOSTA & ASSOCIATES
Contract #
A-2012-023
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
2/6/2012
Expiration Date
12/31/2012
Insurance Exp Date
1/1/2013
Destruction Year
2018
Notes
Amended by A-2013-013
Document Relationships
ROBERT ACOSTA & ASSOCIATES 1a
(Amended By)
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\Contracts / Agreements\_PENDING FOLDER\READY TO DESTROY IN 2018
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time to time; and it shall be interpreted to include, but not be limited to, any substance which after release <br />into the environment will or may reasonably be anticipated to cause sickness, death or disease. <br />14. WASTE OR NUISANCE <br />Promoter shall not commit or permit the commission by others of any waste on the Park or <br />Carnival Areas. Promoter shall not maintain, commit, or permit the maintenance or commission of any <br />nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or <br />Carnival Areas; and Promoter shall not use or permit the use of the Park or Carnival Areas for any <br />unlawful purpose. <br />15. PUBLIC NECESSITY <br />City may immediately temporarily suspend operation of this Agreement and the Carnival Event <br />in the event of public necessity or emergency, as may be determined by the City Manager. Such <br />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 pre- <br />determined by the Park Superintendent, to be used exclusively as a business office by Promoter. This <br />vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be <br />used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the <br />premises for the period provided for all other carnival equipment pursuant to the RFP. <br />Promoter shall be at the carnival site during the entire event, including set-up and take -down. If <br />Promoter is must be absent from the site, he shall ensure a supervisor, authorized to act on behalf of <br />Promoter, is present. <br />17. LIENS <br />Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City <br />Park or Carnival Area by reason of any use or occupancy by Promoter, or any person claiming under <br />Promoter. <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 Area, which <br />renders the Park and / or Carnival Area unusable or inoperable in Promoter's judgment, Promoter shall <br />have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival <br />Area by giving written notice to the City within thirty (30) days after such damage, destruction or <br />condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park <br />and / or Carnival Area is no longer adequate for Promoter to continue its operations, or any repairs to the <br />Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been <br />completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up <br />coming scheduled carnival, City may terminate this Agreement upon thirty (30) days written notice to <br />Promoter. <br />In the event of condemnation, unless Promoter 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 the <br />Property vests in the condemning authority or Promoter is required to cease its operations, whichever is <br />R <br />
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