|
8
<br /> 10. FORCE MAJEURE; FIRE AND OTHER CASUALTY: In the event that the Facility
<br /> or a substantial portion thereof is rendered unusable by fire, earthquake, act of war or
<br /> other extraordinary casualty destroying or damaging the Facility, not withstanding any
<br /> language herein, either party may terminate this Agreement by giving notice to the other
<br /> party within thirty (30) days after such conditions are discovered. Neither party shall be
<br /> required to restore or reconstruct the Facility. In the event the Facility is partially
<br /> destroyed by fire or other cause and is repaired by the City within a reasonable length of
<br /> time, Premier Golf Centers, LLC will be excused from performance at the damaged
<br /> Facility or portion thereof during the time said Facility or portion thereof is not open for
<br /> business as usual, but will maintain operations at the remaining portion of the Facility and
<br /> the privileges and responsibilities contained herein shall continue to the end of the Term;
<br /> provided, however, during the time the Facility or portion thereof is not open for business
<br /> as usual, Premier Golf Centers, LLC compensation provided in the scope of work shall be
<br /> reduced proportionately to reflect the reduction in revenue as a result of the damage.
<br /> Provided the City and Premier Golf Centers, LLC may agree to provide a temporary
<br /> facility under such terms and conditions as the parties agree.
<br /> 11. OWNERSHIP AND REMOVAL OF PROPERTY: All Facility property purchased by
<br /> Premier Golf Centers, LLC and not reimbursed by the City shall remain the property of
<br /> Premier Golf Centers, LLC, provided that it is readily separable from the Facility. All
<br /> property purchased from other City funds, including funds for capital improvements,
<br /> shall remain the property of the City. It is the intention of the parties that Premier Golf
<br /> Centers, LLC purchase and maintain throughout the term of the Agreement an amount of
<br /> equipment and supplies consistent in quantity and quality as exists at the Facility at the
<br /> commencement of this Agreement. Other than for replacement as provided for herein,
<br /> Premier Golf Centers, LLC shall not remove any City property from the Facility. In
<br /> addition, Premier Golf Centers, LLC may purchase property for use at the Facility with
<br /> Premier Golf Centers, LLC's own funds, and Premier Golf Centers, LLC shall notify and
<br /> provide the City with a schedule of any property purchased by Premier Golf Centers,
<br /> LLC from its own funds and not reimbursed by the City. Any property purchased by
<br /> Premier Golf Centers, LLC with its own funds and not reimbursed by the City of Everett
<br /> shall remain the property of Premier Golf Centers, LLC. Subject to Section 8 and
<br /> Section 9, upon the expiration of the term of this Agreement, Premier Golf Centers, LLC
<br /> shall remove all its goods, wares, and merchandise from the Facility and any equipment
<br /> placed therein by Premier Golf Centers, LLC within thirty (30) days of the expiration
<br /> date. In the event of termination for other cause, Premier Golf Centers, LLC shall have
<br /> thirty (30) days to complete removal of its property, equipment, and fixtures from the
<br /> Facility. Removal of fixtures and improvements attached to the structure shall not leave
<br /> the Facility in a worse condition than at the time of execution of this Agreement;
<br /> structural improvements shall not be removed. The City may, but need not, treat any
<br /> property remaining upon the Facility after expiration of this agreement, or period for
<br /> removal of Premier Golf Centers, LLC property, as abandoned by Premier Golf Centers,
<br /> LLC, and may make any disposition of such property as the City deems appropriate.
<br /> Prior to removing any of the foregoing, Premier Golf Centers, LLC shall provide the City
<br /> with ten (10) days written notice specifying each item of property it intends to remove.
<br /> 12. LOGO AND NAME: Premier Golf Centers, LLC is hereby authorized to use the
<br /> American Legion Memorial Golf Course and Walter E Hall Golf Course name and logo
<br /> during the term of this Agreement for the purposes of advertising, promoting and
<br /> marketing the golf course and golf course merchandise. Such rights granted to Premier
<br /> 8
<br /> � j,
<br />
|