ROBERT ACOSTA & ASSOCIATES 8 - Laserfiche WebLink

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(E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Promoter alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Promoter desires to obtain alternative dates as provided in this paragraph, Promoter must timely request the same from City. 2. SCOPE OF SERVICES Promoter shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in Promoter's Responsibilities (Exhibit B) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per Carnival Event. Park/ Carnival Dates Fee Delhi Park $4,500.00 April 25-27 Rosita Park $4,500.00 June 6-8 Cesar Chavez/ $4,500.00 Campesino Park October 10-12 $13,500.00 In addition to the fees set forth herein, Promoter shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in Exhibit B hereto. All fees and deposits shall be due and payable as set forth in Exhibit B. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Promoter is subject to other monetary penalties for failure to perform as set forth throughout Exhibit B. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of this Agreement to be kept and performed by Promoter during the Tenn of this Agreement, or any extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within Exhibit B, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity.