2003/04/09 Council Agenda Packet

13. FORCE MAJEURE; FIRE AND OTHER CASUALTY: In the event that the Facility or a substantial portion thereof is rendered unusable by fire, earthquake, act of war or _ other extraordinary casualty destroying or damaging the Facility, not withstanding any language herein, either party may terminate this Agreement by giving notice to the other party within thirty (30) days after such conditions are discovered. Neither party shall be required to restore or reconstruct the Facility. In the event the Facility is partially destroyed by fire or other cause and is repaired by the City within a reasonable length of time, BCG will be excused from performance,at the damaged Facility or portion thereof during the time said Facility or portion thereof is not open-for business as usual, but will maintain operations at the remaining portion of the Facility and the privileges and responsibilities contained herein shall continue to the end of the Term; provided, however, during the time the Facility or portion thereof is not open for business as usual, BCG's compensation provided in Section 7 shall be reduced proportionately to reflect the reduction in revenue as a result of the damage. Provided the City and BCG may agree to provide a temporary facility under such terms and conditions as the parties agree. 14. OWNERSHIP AND REMOVAL OF PROPERTY: All Facility property purchased by BCG from the Fixed Fee shall remain the property of BCG, provided that it is readily separable from the Facility. All property purchased from other City funds, including funds for capital improvements, shall remain the property of the City. It is the intention of the parties that BCG purchase and maintain throughout the term of the Agreement an amount of equipment and supplies consistent in quantity and quality as exists at the Facility at the commencement of this Agreement. Other than for replacement as provided for herein, BCG shall not remove any City property from the Facility. In addition, BCG may purchase property for use at the Facility with BCG's own funds, and BCG shall notify and provide the City with a schedule of any property purchased by BCG from its own funds. Any property purchased by BCG with its own funds shall remain the property of BCG. Subject to Section 12B, upon the expiration of the term of this Agreement, BCG shall remove all its goods, wares, and merchandise from the Facility and any equipment placed therein by BCG within thirty (30) days of the expiration date. In the event of termination for other cause, BCG shall have sixty (60) days to complete removal of its property, equipment, and fixtures from the Facility. Removal of fixtures and improvements attached to the structure shall not leave the Facility in a worse condition than at the time of execution of this Agreement; structural improvements shall not be removed. The City may, but need not, treat any property remaining upon the Facility after expiration of this Agreement, or period for removal of BCG property, as abandoned by BCG, and may make any disposition of such property as the City deems appropriate. Prior to removing any of the foregoing, BCG shall provide the City with ten (10) days written notice specifying each item of property it intends to remove. 15. LOGO AND NAME: BCG is hereby authorized to use the Walter E. Hall Golf Course name and logo during the term of this Agreement for the purposes of advertising, promoting and marketing the golf course and golf course merchandise. Such rights granted to BCG shall not be permitted to be transferred or assigned without written approval by the City. BCG may refer to the Walter E. Hall Course as "Professionally Managed by Billy Casper Golf Management, Inc." for advertising and promotion of the Facility and BCG, subject to City prior approval of such advertisement and promotion. 78 18