25B - AGMT FIESTA CARNIVAL - Laserfiche WebLink

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2. PRENIISES AND USE a. The City owns the community parks ("Parks") referenced in Exhibit A. City grant to the Operator a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ("Carnival Areas") for the purpose of providing carnivals during the dates and times noted in Exhibit A and for no other purpose. Operator shall provide one (1) carnival ("Carnival Event") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency, as set forth in Exhibit A. b. The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. C. Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Area with the Parks shall be limited solely to the permission for such use and occupancy granted herein. d. As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the RFP 17-133. 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 Operator alternative dates for conducting of the Carnival Events with the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 3. FEES/DEPOSITS/PERNIITS/LICENSE At least ten (10) days prior to the commencement date of each Carnival Event, Operator shall pay to the City the applicable fee for use of the Carnival Area, as detailed in Exhibit A. In addition to the fees set forth herein, Operator 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 A. All fees and deposits shall be due and payable as set forth in Exhibit A. 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. Vendor is subject to other monetary penalties for failure to perform as set forth in the RFP. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000 as a security deposit, The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Page 2 of 11 V