1997 AGN OCT 21 I24 - Laserfiche WebLink

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MEMORANDUM Office of the City Attorney October 9, 1997 Page 5 option(s) under this permit. In the event that notice of termination is given by City as provided herein, Permittee shall have one (1) year following such sixty (60) day notice to terminate its operations. If written notice is not given within the sixty days (60) immediately prior to expiration of the term, this Permit shall be automatically renewed for an additional seven (7) year term. During that automatic seven (7) year renewal term, this Permit shall be terminable by City only upon default of Permittee. " This provision makes it clear that the City must give notice sixty (60) days prior to June 30, 1999 in order to terminate lack's franchise agreement unless Jack's defaults in some manner. If that notice is not given, the franchise agreement will automatically extend for another seven years and will then terminate in the year 2006. Termination of Jack's for Default At a meeting held with then City Manager Malik Freeman and Assistant City Manager Daryl Parrish on May 19, 1997, Freeman indicated that he had sufficient information and evidence of wrongdoing to terminate Jack's agreement. That information has yet to be presented to this office by anyone. To date, no evidence has been submitted to this office indicating any breach on Jack's part with regard to its contract. It is clear, however, that Jack's has been trying to avoid implementation of the new reporting methods required by MRC which would give the City a better means of evaluating compliance issues. The default provisions of Jack's franchise agreement allowing termination are follows: "H. TERMINATION In the event the Permittee fails to comply with any City, County or State ordinance or statute, or in the event that Permittee shall otherwise fail to carry out the requirements of this permit, the City shall give Permittee immediate. notice of such violation or failure to perform, and Permittee shall have thirty (30) days to correct such violation or to perform as agreed.In the event Permittee fails to correct any violation or to perform as agreed within the thirty (30) day notice period, the Permittee shall forfeit all rights which it might otherwise have pursuant to this Permit and the Permit shall immediately terminate and be revoked without further action of the City."