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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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Last modified
2/23/2014 5:38:16 AM
Creation date
2/19/2014 11:37:47 PM
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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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17. Notice. All notices or other communications required or permitted hereunder shall be in <br />writing, and shall be personally delivered or sent by registered or certified mail, return receipt requested, <br />telegraphed, delivered or sent by telex, telecopy or cable and shall be deemed received upon the earlier of <br />(i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if <br />mailed, three (3) business days after the date of posting by the United States post office, (iii) if given by <br />telegraph or cable, one (1) business day after the date delivered to the telegraph company with charges <br />prepaid. <br />To Licensor: City of Colton <br />650 North La Cadena Drive <br />Colton, CA 92324-2893 <br />Attn: Bili Smith, Community Services Director <br />With a copy to: Best Best & Krieger LLP <br />5 Park Plaza., Suite 1500 <br />Irvine, CA 92614 <br />Attn: Dean Derleth, City Attorney <br />To Licensee: Old Timers Foundation <br />8572 Sierra Avenue <br />Fontana, CA 92335 <br />Attn: Gregory Alvarado, Director of Business & Service Development <br />Notice of change of address shall be given by written notice in the manner detailed in this <br />Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of <br />which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or <br />communication sent. <br />18. Sale and/or Use of Alcohol. Licensee agrees that it shall not allow for the sale or use of <br />alcoholic beverages on the Licensed Premises at any time, or in any manner, without first obtaining prior <br />written consent of the Licensor allowing for such sale and/or use. Licensee's failure to strictly adhere to <br />this provision shall result in Licensee immediately being declared in material breach of this License by <br />Licensor, and shall result in an event of Default as provided in Section 15 herein. <br />19. Compliance with Laws. Licensee shall comply with all applicable federal, state and local <br />laws, regulations and standards that are or may become applicable to Licensee's occupancy and/or <br />activities on the Licensed Premises. The judgment of any court of competent jurisdiction, or the <br />admission of Licensee in a proceeding brought against it by any governmental entity, that Licensee has <br />violated any such statute, ordinance, regulation, or requirement shall be conclusive as between the <br />Licensor and the Licensee and shall constitute grounds for declaration of default, material breach, <br />forfeiture, and termination of this License by Licensor. <br />20. Cumulative Remedies. No remedy or election contained herein shall be deemed <br />exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. <br />21. Counterparts. This License may be executed in multiple counterparts, each of which <br />shall be deemed an original, but all of which, together, shall constitute one and the same instrument. <br />22. Captions. Any captions to, or headings of, the sections or subsections of this License are <br />solely for the convenience of the parties hereto, are not a part of this License, and shall not be used for the <br />interpretation or determination of the validity of this License or any provision hereof. <br />ORANGMPP1204N.1 <br />9/23/055 <br />
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