Res 2011-158 - Laserfiche WebLink

Home Browse Search

Article 5. Default 5.1. Default at a Garden Site. If SSM fails to comply with the terms of this Agreement as to an individual Garden Site, the City will provide written notice to SSM and request that SSM cure the failure within 15 days (the "Cure Period ") after receipt of the notice. SSM may request an extension of the Cure Period if warranted in the circumstances. If SSM does not cure the failure within the Cure Period (with any extensions), the City may provide written notice to SSM that the Garden Site is deleted from this Agreement. 5.2. Default at All Garden Sites. If SSM fails to comply with the terms of this Agreement as to all Garden Sites at one time, the City will provide written notice to SSM and request that SSM cure the failure within the Cure Period after receipt of the notice. SSM may request an extension of the Cure Period if warranted in the circumstances. If SSM does not cure the failure within the Cure Period (with any extensions), the City may provide written notice to SSM that this Agreement is terminated. Article 6. Term; Renewal; Termination; Rent 6.1. Term. Subject to either party's right to terminate earlier under paragraph 6.3, the term of this Agreement will be for a period of ten years from its Effective Date. 6.2. Renewal. This Agreement may be renewed for additional ten year periods thereafter upon mutual agreement of the parties. 6.3. Termination. Notwithstanding any other provision in this Agreement regarding the term or default and termination, either party may terminate this Agreement at. any time and for any reason by giving at least 90 days advance written notice of termination to the other party. The notice will state the date of the termination. 6.4. Rent. The rent to be paid by SSM to the City for use of the Garden Site(s) under this Agreement is $1.00 per year, regardless of the number of Garden Sites. Article 7. Miscellaneous 7.1. Severability. If any clause or provision of this Agreement is determined to be illegal, invalid or unenforceable, it is the intention of the parties that the remainder of this Agreement will not be affected, and the parties declare that this Agreement would have been entered into without the unenforceable portion. 7.2. Amendments. This Agreement may not be altered, changed, or amended, except by a written document signed by both parties. The terms, provisions, covenants and conditions contained in this Agreement will apply to, inure to the benefit, and be binding upon the parties, and upon their respective successors in interest and legal representatives, except as otherwise expressly provided. 7.3. Waiver. One or more waivers of any provision of this Agreement by the City will not be deemed to waive the City's authority to enforce strict compliance with this Agreement in the future. 7.4. No Joint Venture. Nothing in this Agreement will be deemed or construed by the parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties. The only relationship between the parties is