9.2. SR 01-04-2021 - Laserfiche WebLink

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ARTICLE H GTTY'S REsPONSIBILTM A. Integration and Branding. City shall partner mith SBC to promote the MPF and SBC through the integration and branding activities and opportunities summarized on Exhibit A attached hereto. B. Occupancy. City shall provide SBC with access to the second floor concession area of the MPF, including the kitchen and concession stand, at all times the MPF is open, and shall Pi access to other areas within the MPF as necessary for catering special events and other functions. C. Equipment. SBC shall have the right to use all City -owned equipment presently located in the concession stand area of the MPF, as enumerated on Exhibit B attached hereto. 1. City warrants that all of the equipment provided is in good and working condition. SBC shall be responsible for the maintenance and repair of the equipment. However, if a piece of equipment. breaks and is cost prohibitive to repair, City shall at its cost replace the major equipment (as identified by x on Exhibit B) with equipment of equal or better quality. D. City shall provide all utilities and shall provide trash removal and general custodial senices, other than cleaning of the kitchen, concession stand, equipment and serving areas. ARTICLE III TERM AND TERMINATION A. Commencement of Term. Due to the current Covid restrictions on opening the MPF for public use, SBC shall not begun operations at the MPF until City has given SBC written notice to do so. The City's mitten notice shall state the date that SBC will be required to begun operations (the "Effective Date"), which shall be no less than 60 days after the date of the written notice. Prior to the Effective Date SBC may, if the City grants its written permission, enter the MPF to prepare the concession stand area for the Effective Date. B. Fixed Term. The Term of this Management Agreement shall commence on the Effective Date and remain in effect for a period of seven (7) years, until the 7"' anniversary of the Effective Date (the "Expiration Date"). C. Early Termination for Cause. Either party may terminate this Management Agreement for good cause shown. The terniuiating party shall give a written "Notice of Intent to Terminate" the Management Agreement The Notice of Intent to Terminate the Management Agreement shall set forth the reason(s) for ternnination of the Management Agreement, and shall allomr for a "Cure Period" of at least thirty (30) days during which time the non-termuiating party shall have the opportunity to cure the purported breach or default. If either party fails to cure and Good Cause continues to exist follovvni ig the applicable Cure Period, the other party shall be entitled to terminate the Management Agreement or seek specific performance, and in any event, may sue for damages. In any action for damages under this Management Agreement, neither party shall be (11752655.4 1 4 EL185-44-683214.v4