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FULL PACKET_2014-01-21
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FULL PACKET_2014-01-21
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1/21/2014 10:34:07 AM
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
1/21/2014
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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 Executive Director, 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 Exhibit B. <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 <br />upcoming 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 />earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire <br />award shall be paid to City. <br />19. TERMINATION <br />2UA'8 <br />
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