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2009/04/29 Council Agenda Packet
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2009/04/29 Council Agenda Packet
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Council Agenda Packet
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4/29/2009
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• <br /> 10 <br /> 2.11 Agreement Compliance Management <br /> Concessionaire and a City representative shall meet no less often than monthly, and at such other <br /> times as the City may request,to review compliance with this Agreement. Items to be covered <br /> shall include, but not be limited to: (a) Royalties (gross revenues, collection and payment); (b) <br /> reports; (c) insurance; (d) Concession location maintenance and appearance; (e) operating hours; <br /> and (e)prices. <br /> 3. ROYALTY PAYMENTS AND REPORTS <br /> 3.1 Concessionaire will pay a Royalty each month as described in 2.8 Royalty to City and <br /> EXHIBIT C Royalty Schedule. Concessionaire will pay City <br /> the Royalty on or before the tenth day of the month that follows the month in which the Royalty <br /> was earned. Concessionaire shall make all Royalty checks payable to "The City of Everett," and <br /> shall deliver the monthly payments to the City Parks and Recreation Department, accompanied <br /> by a written report for the preceding month, showing the Royalty due and the dollar amount of <br /> sales (i) by product line, and (ii) from each sales location. The report will also contain a <br /> summary showing all monthly and year-to-date sales by Concessionaire for each Location. <br /> 3.2 Payments not received by the fourteenth(14th) day of each month shall be deemed late. <br /> For each late payment, Concessionaire shall pay the City a sum equal to fifteen dollars ($15)plus <br /> one dollar($1) for each day the payment is late after the fourteenth (14th) day. <br /> 3.3 Concessionaire will keep accurate records of its sales and will make these records <br /> available to City upon request during the Term of the Agreement and for up to four years after <br /> the expiration of the Term. Concessionaire shall permit authorized representatives of City to <br /> accompany Concessionaire's employees during cash collection and counting and to randomly <br /> examine the receipts of Concessionaire. <br /> 4. TERM <br /> This Agreement begins on April 29, 2009, and ends on December 31st, 2011,unless terminated <br /> sooner. <br /> 5. TERMINATION <br /> 5.1 With Cause <br /> Either party may terminate this Agreement with or without cause on thirty (30) calendar days' <br /> written notice to the other party. Termination does not waive, release, or forego any legal <br /> remedy for any violation, breach, or non-performance of any of the provisions of this <br /> Agreement. Notwithstanding the 30 days' notice provision,the City may terminate this <br /> Agreement immediately because of public safety or health concerns. <br /> 94 <br /> Page 4 <br />
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