Reso 2010-1643 - Laserfiche WebLink

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10. DAMAGE TOIDESTRUCTION OF PREMISES: Should the subject premises or the building and other improvements in which the subject premises are situated be totally or partially damaged or destroyed, the City shall promptly repair the same, except that the City shall have the option to terminate this Agreement if (a) the subject premises or the building improvements in which the premises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to the City; or (b) if the costs of such restoration would exceed one-half (1/2) of the full insured value of the building and other improvements in which the subject premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given here shall be given to Contractor within fifteen (15) days after City determines the period of time required for and the estimated cost of such repair or restoration. 11. OBLIGATIONS OF CONTRACTOR 11.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, at Contractor's sole discretion, as long as the performance of these extra- contractual services does not interfere with or presents a conflict with City's business. 11.02 HOURS OF OPERATION: Contractor agrees to perform the services as set forth in this Agreement within the hours of operation established by the City Manager or his designee. 11.03 PERMITS: Contractor is required to provide City, prior to commencement of operation of the concessions, a copy of all licenses and/or certificates necessary to operate its business in the City. 11.04 TAXES: Contractor agrees to pay all lawful taxes, assessments or charges which may be levied by any government entity. 11.05 EQUIPMENT: The City hereby grants to Contractor the right to use the microwave, industrial refrigerator/freezer, the ice cream freezer, the industrial ice machine, and the coffee pot located within the concession area. The Contractor shall be responsible for the financial costs associated with the maintenance, repair and/or replacement of the aforementioned equipment in the event of damage due to the Contractor's negligent acts, errors, omissions, intentional acts or other wrongful conduct of the Contractor, or their agents, or other personnel entity acting under Contractor's control. In the event any such maintenance, repair and/or replacement is necessary, Contractor shall contact the City prior to undertaking any maintenance, repair and/or replacement. Contractor is not authorized to incur any cost on behalf of the City, without the City's written approval, regarding any such maintenance, repair or replacement. Contractor