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Reso 99-170
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Reso 99-170
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Last modified
7/1/2010 9:40:37 AM
Creation date
1/25/2006 1:56:27 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
99-170
Date (mm/dd/yyyy)
11/02/1999
Description
Gilbert Samson Park Interlocal Agmt.
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<br />expiration of appeal rights. The City does have the privilege of <br />prohibiting Permittee from removing any fixtures of business personal <br />property from the facilities without express written prior City approval. <br /> <br />c. Permittee shall not discriminate against an employee or applicant for' <br />employment to be employed in the performance of the contract with <br />respect to hiring, tenure, terms, conditions or privileges to employment <br />because of age, sex, or disability (except when based on a bonafide <br />occupational qualification); or because of marital status, color, religion, <br />national origin or ancestry. <br /> <br />15. No Lease. It is expressly understood and agreed that no real or personal property <br />is leased to the Permittee, that this is a Permit and not a Lease, that the Permittee's right <br />to occupy the premises and operate the Permit hereby granted shall continue only so long <br />as the Permittee shall comply strictly and promptly with each and all of the undertakings, <br />provisions, covenants, agreements, stipulations and conditions herein contained. The <br />Permittee agrees not to represent itself as an agent or associate of the City or any unit <br />thereof. <br /> <br />16. Termination. This Permit may not be terminated for two (2) years from the <br />execution of the Interlocal Agreement. Thereafter, this agreement may be terminated by <br />either party upon sixty- (60) day's notice in writing provided that the City's termination <br />shall be for cause which shall be defined as a failure to comply with the terms of this <br />agreement. In the event of termination or cancellation of this Agreement as herein <br />provided, the Permittee shall forthwith remove all its property, failing in which, the City <br />shall have the right to store or provide for storage of the Permittee's property at the <br />Permittee's expense or to dispose of such property in accordance with the law. <br />Notwithstanding the foregoing and anything in this agreement to the contrary, it is the <br />intention of the parties that Permittee shall have unimpeded access to the pier and <br />adjacent hotel property at all times. <br /> <br />17. Inspection bv the City. The City shall have the authority to make periodic <br />inspections of the premises to determine if such are being operated and maintained in a <br />neat and orderly condition. The Permittee shall be required to make any improvements in <br />cleaning and maintenance methods requir~d by the City. Such periodic inspections will <br />be made at the City's discretion to determine compliance with the terms and provisions of <br />this Permit. <br /> <br />18. Facility Repairs. Alterations and Additions bv the City. The City shall have the <br />absolute right to make any reasonable repairs, alterations and additions to any facilities in <br />the park, free from any and all liability to the Permittee for loss of business or damages of <br />any nature whatsoever during the making of such repairs, alterations and additions, <br />except for such damage caused by the sole negligence of the City and where not <br />otherwise indemnified by the Permittee. <br /> <br />Newport-Holiday Inn Permit Agreement <br />10/28/99 - 12:45 PM <br />LMD:ch <br /> <br />6 <br />
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