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2010-064
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2010-064
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Last modified
3/3/2016 8:04:54 PM
Creation date
10/5/2015 8:55:53 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/09/2010
Control Number
2010-064
Agenda Item Number
8.D.
Entity Name
Peggy Cardell & Associates, Inc.
Subject
Food Concession Services and Lease Agreement
Supplemental fields
SmeadsoftID
8224
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whether through self insurance or excess coverage. <br /> 3. Indemnification of County. Cardell shall indemnify and hold harmless the County from <br /> all suits, actions or claims including reasonable attorney's fees, of any character brought on <br /> account of any injuries or damages received or sustained by any person, persons, or property by <br /> or from the said successful bidder or by or in consequence of any liability losses, misconduct or <br /> negligent act or omission of Cardell, her agents or employees in connection with the operation of <br /> the food service concession. <br /> 4. Notice of Claims. County and Cardell shall give prompt notice to the other of any third <br /> party claims made against either or both of them, and shall cooperate fully with each other and <br /> with any insurance carrier to the end that all such claims will be properly investigated, defended <br /> and adjusted. <br /> 5. Failure to Maintain Insurance. Failure to maintain such insurance will be deemed as a <br /> cause for termination of this agreement. <br /> SECTION V - COUNTY RESPONSIBILITIES <br /> 1. Obligations to Provide Facilities. County, at its sole cost and expense, shall be <br /> responsible for providing safe and adequate facilities required by Cardell to perform the Services <br /> under this Agreement. These facilities shall include, without limitation, workspace and other <br /> facilities that adhere to current federal and state safety standards. County shall cooperate at all <br /> times with Cardell to provide a safe and adequate work environment for Cardell's employees and <br /> others who work on or around the Course. Cardell has inspected County's facilities and agrees <br /> that they are adequate facilities needed to perform the services under this agreement and the <br /> facilities adhere to current federal and state safety standards. <br /> 2. Emergency Maintenance. At any time during this agreement, if the County determines <br /> that any portion of the golf club house is in immediate jeopardy of sustaining some type of <br /> serious harm due to a maintenance failure of Cardell, the County may utilize its own work force <br /> to go on the leased premises and perform such tasks as are necessary to prevent such serious <br /> harm from taking place. The costs of such preventative maintenance shall be itemized by the <br /> County and submitted to Cardell, which shall be paid within thirty days. <br /> SECTION VI - DEFAULT, REMEDIES <br /> 1. Default by Cardell. In the event Cardell is in default under the terms of this Agreement, <br /> after thirty (30) days written notice and opportunity to cure, County may, in addition to any right <br /> of termination provided in this Agreement, maintain an action for damages arising from the <br /> default. <br /> 2. Default by County. In the event that County is in default under the terms of this <br /> Agreement after any grace period or notice and cure period expressly provided herein, Cardell <br /> may, in addition to any right of termination contained in this Agreement, exercise any right or <br /> remedy available at law or equity including, without limitation, an action for damages arising out <br /> of the breach. <br /> 7 <br />
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