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(E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not <br />proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its <br />discretion may grant Promoter alternative dates for the conducting of the Carnival Events within the term <br />of this Agreement. If Promoter desires to obtain alternative dates as provided in this paragraph, Promoter <br />must timely request the same from City. <br />2. SCOPE OF SERVICES <br />Promoter shall provide at the Park herein identified a full service carnival complete with the rides, <br />equipment and services as set forth in Exhibit B to this Agreement. Promoter, if it contracts with an <br />Operator to provide carnival attractions, shall require such Operator to fully comply with all the terms and <br />conditions of this Agreement regarding the provision of carnival services, including insurance <br />requirements. Not later than sixty (60) days prior to the staging of any Carnival Event, Promoter shall <br />obtain the written approval of the Executive Director of Parks, Recreation and Community Services, of <br />any such Operator. Promoter shall not utilize a different operator without first obtaining the written <br />permission of the Executive Director. <br />3. FEES/DEPOSITS /PERMITS /LICENSES <br />At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter <br />shall pay to City the applicable fee for use of the Carnival Area as further set forth below. <br />Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per <br />Carnival Event. <br />Park/ Carnival Dates <br />Fee <br />Jerome Park March 14 -16 <br />$8,250.00 <br />Jerome Park August 8- 10 <br />$7,000.00 <br />$15,250.00 <br />In addition to the fees set forth herein, Promoter shall pay all required City fees and deposits <br />including the fees for police services and Park clean up, and obtain all required permits and licenses as <br />detailed in Exhibit B hereto. All fees and deposits shall be due and payable as set forth in Exhibit B. <br />Additionally, failure to pay the cleanup /damage deposit and/ or any other outstanding balances and fees a <br />minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. <br />The Promoter will not be allowed to start an event if there is an unpaid balance. Promoter is subject to <br />other monetary penalties for failure to perform as set forth throughout Exhibit B. <br />4. SECURITY DEPOSIT <br />Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the <br />additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for <br />interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of <br />this Agreement to be kept and performed by Promoter during the Term of this Agreement, or any <br />extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming <br />successful completion of all terms and conditions of this Agreement, including those within Exhibit B, the <br />security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days <br />of the final carnival activity. <br />2UA-28 <br />