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25A - AGMT - MUNICIPAL PARKING FACILITIES OPERATOR
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03/18/2013
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25A - AGMT - MUNICIPAL PARKING FACILITIES OPERATOR
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Last modified
5/27/2016 11:55:59 AM
Creation date
3/14/2013 4:20:03 PM
Metadata
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25A
Date
3/18/2013
Destruction Year
2018
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2. Failure of the Operator to maintain a quality of service satisfactory to the <br />Contract Administrator as required by Sections 12 and 13 hereof, after <br />service of a Three-Day Notice to correct the unsatisfactory condition. <br />The happening of any act, which results in the suspension or revocation of <br />the rights, power, licenses, permits and authorities necessary for the <br />conduct and operation of the Parking Facilities as herein authorized. <br />4. The transfer of the interest of the Operator under this Agreement by <br />operation of law, or otherwise, to any other person, firm or corporation. <br />Any substantial change in the ownership or proprietorship of the Operator, <br />which in the opinion of the City, is not in the best interest of the City or <br />the public. <br />Failure of the Operator to keep, perform and observe each and every other <br />promise, covenant, condition and agreement set forth in this Agreement on <br />its part to be kept, performed or observed within three (3) days after <br />receipt of written notice of default there under from the City, except where <br />fulfillment of the Operator's obligation requires activity over a period of <br />time and the Operator shall have commenced to perform whatever may be <br />required for fulfillment within three (3) days after receipt of such notice <br />and continues such performance without interruption except for causes <br />beyond its control. <br />7. The levy of any attachment or execution, or the appointment of any <br />receiver, or the execution of any other process of any court of competent <br />jurisdiction which does or as a direct consequence of such process will <br />interfere with the Operator's occupation of the Parking Facilities and will <br />interfere with its operations under this Agreement, and which attachment, <br />execution, receivership, or other process of such court is not vacated, <br />dismissed, or set aside within a period of thirty (30) days. <br />The Operator shall become insolvent, or shall take the benefit of any <br />present or future insolvency statute, or shall make a general assignment for <br />the benefit of creditors, or file a voluntary petition in bankruptcy, or a <br />petition or answer seeking an arrangement for its reorganization, or the <br />readjustment of its indebtedness under the federal bankruptcy laws or <br />under any other laws or statute of the United States, or of any state law, or <br />consent to the appointment of a receiver, trustee or liquidator of all or <br />substantially all of its property. <br />9. By order or decree of a court the Operator shall be adjudged bankrupt, or <br />an order shall be made approving a petition filed by any of the creditors, <br />or by any of the stockholders of the Operator seeking its reorganization or <br />the readjustments of its indebtedness under the federal bankruptcy laws, or <br />under law or statute of the United States, or any state thereof. <br />23 <br />25A-27
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