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AG 2015 03 16
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AG 2015 03 16
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Last modified
3/17/2015 10:55:01 AM
Creation date
11/27/2017 10:37:15 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
3/16/2015
Board
Board of Commissioners
Meeting Type
Regular
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12.4 Surrender of Premises <br />Upon termination of this Agreement (termination shall, for all purposes in this <br />Agreement, include termination pursuant to the terms of this Section 12 and any expiration of the <br />term hereof), SMG shall surrender and vacate the Facility upon the effective date of such termi- <br />nation. The Facility and all equipment and furnishings shall be returned to the County in good <br />repair, reasonable wear and tear excepted, to the extent funds were made available therefor by <br />the County. All reports, records, including financial records, and documents maintained by <br />SMG at the Facility relating to this Agreement other than materials containing SMG's proprie- <br />tary information shall be immediately surrendered to the County by SMG upon termination. <br />13. Miscellaneous. <br />13.1 Use of Facility at Direction of County <br />(a) At the direction of the Contract Administrator, upon reasonable advance <br />notice and subject to any preexisting commitments, SMG shall provide use of the Facility or any <br />part thereof to civic and nonprofit organizations located in the locale of the Facility at reduced <br />rates. All event - related expenses, including but not limited to ushers, ticket - takers, security and <br />other expenses incurred in connection with the use of the Facility by such organizations, if not <br />reimbursed to the Facility operating account by the organization using the Facility, shall be <br />reimbursed by the County to the operating accounts specified in Section 5.6. Within thirty (30) <br />days of the execution of this Agreement, and thereafter yearly as part of the annual plan to be <br />provided pursuant to Section 6.2 hereof, SMG shall supply to the County a schedule listing <br />SMG's standard charges for all regular event - related expenses, and such charges shall be the <br />agreed charges, to the extent applicable, for use of the Facility in the circumstances described in <br />this Section. <br />(b) The County shall have the right to use the Facility or any part thereof, <br />upon reasonable advance notice and subject to any preexisting commitments, for such purposes <br />as meetings, seminars, training classes or other uses without the payment of any rental or use fee, <br />except that direct out -of- pocket expenses incurred in connection with such uses shall be paid by <br />the County. <br />(c) Except for the Fair, the County shall not schedule use of the Facility pur- <br />suant to subparagraphs (a) and (b) above if such use will conflict with paying events booked by <br />SMG and shall in all instances be subordinate thereto in terms of priority of use of the Facility. <br />Except for the Fair, in all instances when the Facility, or part thereof, is to be used at the Coun- <br />ty's request or by the County pursuant to subparagraph (a) or (b) above, a rent or use fee which <br />otherwise would be chargeable for such event shall be deemed to have been paid and such <br />deemed payment shall constitute Operating Revenues for the purpose of calculating SMG's in- <br />centive fee pursuant to Section 4.3 above. <br />(d) The parties acknowledge that certain of the real property owned by the <br />County on or adjacent to the Facility is planned for construction of a temporary jail for use by the <br />County and that the construction, use and existence of such jail shall not constitute a breach he- <br />pdfconvert. 9450.1. cabarms_agreement_2015. doc <br />29 <br />Attachment number 1 <br />F -1 Page 109 <br />
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