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(12)AR 080707 AGRMT Old Timers Foundation
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08/07/2007 6:00 pm
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(12)AR 080707 AGRMT Old Timers Foundation
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2/23/2014 5:38:16 AM
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Agenda Item
Item Number
10
Subject (2)
- Request Approval of Agreement with the Old Timers Foundation for the Provision of Senior Nutrition Services at the Hutton and Luque Community Centers and Authorize the City Manager to Execute Agreement.
Submitted On
8/6/2007
Submitted By
Sabdi Espinoza
Item Title
AR 080707 AGRMT Old Timers Foundation
ATRequest
1620
Status (2)
2
Department
City Clerk
Meeting Date
8/7/2007
Meeting Time
6:00:00 PM
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(d) Prior to Licensee's entry upon the Licensed Premises, furnish the Licensor with <br />certificates evidencing that the required Worker's Compensation, comprehensive liability, and <br />auto insurance coverage discussed above has been obtained, as well as endorsements to the <br />policies of insurance described in paragraphs (b) and (c) above, with such endorsements showing <br />that the City of Colton are named as additional insured. Such endorsements shall also provide <br />that the insurance, or the limits of such insurance, may not be cancelled, terminated, or materially <br />changed without first providing 30 days' prior written notice to Licensor. All insurance is to be <br />placed with insurers with a current A.M. Best's rating no less than A:VH, licensed to do business <br />in California, and satisfactory to the City. <br />(e) If Licensee is self-insured, it shall provide certificates or evidence to Licensor indicating <br />that its insurance meets the levels and requirements as set forth herein. <br />13. Attorneys' Fees. Should any action or proceeding be commenced by Licensor to enforce <br />the provisions provided in this License, or should any litigation be commenced between the parties to this <br />License concerning said Licensed Premises and use of the Centers, this License, or the rights and duties <br />of either in relation thereto, the prevailing party in such litigation shall be entitled, in addition to such <br />other relief as may be granted as the result of said litigation, to a reasonable sum for its attorneys' fees. <br />14. Assignment and Subletting. Licensee agrees not to convey or assign this License, or <br />encumber any interest in the Licensed Premises, during the term of this License. <br />15. Termination. Licensor may, in its discretion, with or without cause, terminate this <br />License upon providing at least 30 days' written notice to Licensee of said termination. Further, without <br />limiting its ability to seek other remedies, either at law or in equity, either party may terminate this <br />License and all of the obligations herein, at its option, upon the other party's breach of any of its <br />obligations under this License and failure to cure such breach within thirty (30) days after receipt of <br />written notice from the non -breaching party or, if such cure cannot be completed within thirty (30) days, <br />the breaching party's failure to commence such cure within thirty (30) days after its receipt of written <br />notice and thereafter failing to diligently prosecute such cure to completion. <br />16. Default. <br />16.1 Any of the following events or occurrences shall constitute a material breach of <br />this License by Licensee, and shall constitute an event of default. <br />(a) Abandonment of use or surrender of the License provided herein for a period of <br />fourteen (14) business days ore more; or <br />(b) The failure by Licensee to perform any other obligation under this License, if the <br />failure has continued for a period of thirty (30) days after Licensor demands in writing that <br />Licensee cure the failure. If, however, by its nature, the failure cannot be cured within thirty (30) <br />days, Licensee may have a longer period as is necessary to cure the failure, but this is conditioned <br />upon Licensee's promptly commencing to cure within the ten (10) day period and thereafter <br />diligently completing the cure. <br />Notices given under this Section shall specify the alleged default and the applicable section(s), <br />and shall demand that Licensee perform as provided under the applicable section(s) or pay the amount <br />that is in arrears, as the case may be, within the applicable period of time, or quit the premises. No such <br />notice shall be deemed a forfeiture or a termination of this License unless Licensor so elects in the notice. <br />ORANGMPPC0406.1 <br />9/23/054 <br />
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