City Council Agenda and Packet 2019 09 10

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C.The City will provide the finding for a Street Faire Coordinator contracted by the DBA to be responsible for the Louisville Street Faire operations,up to a maximum of $45,000. This position will be the contact person for the City for all Louisville Street Faire items.A scope of work for the Coordinator contract will be created and developed by the Street Faire Committee.The DBA shall allow the City to review and comment on the Coordinator contract prior to solicitation and award thereof. The City,in its discretion and as requested by the Street Faire Committee will assist the DRA in publicizing,screening,and contracting for the position. The Street Faire Coordinator shall be a contractor of the DBA and the DBA shall be solely responsible for award and administration of the Coordinator contract.The Street Faire Coordinator shall not be a contractor or employee of the City and the Coordinator contract shall include acknowledgments of same in the form required by the City. D.In the event the annual revenues are less than the DBA’s costs to operate the 2018,2019,or 2020 Louisville Street Faire,as detennined by the Street Faire Committee,the City will provide a payment equaling 80%of the shortfall within 90 days of the final documentation of the Louisville Street Faire revenues and expenses for the year.The DBA will cover the remaining 20%of a shortfall,if any,up to a maximum of $5,000, however, in the event $5,000 is less than 20%of the shortfall,the City will increase its payment to cover the remainder. F.The City will purchase a tent not to exceed $25,000 to replace the existing tent owned by the DBA.If the desired tent cost is greater than $25,000,the DBA will fund the remaining finds needed.All or part of the DBA funding may be made in the form of trade-in of the existing DBA tent.The new tent will be owned by the City.The DBA will provide its setup and takedown and storage annually. 24.Restoration of Licensed Premises.At the termination of this Agreement by lapse of time or otherwise,DBA shall deliver up the Licensed Premises in as good a condition as when the DBA took possession,excepting only ordinary wear and tear.At the time of such termination,the DBA at its sole option and expense may remove from the Licensed Premises any items of personal property owned by the DBA.Any items of personal property not removed by the date of termination shall become the property of the City,and the DBA shall execute and deliver to the City,at the time of termination,a bill of sale for such items of personal property. Any fixtures,structures,or improvements owned by the DBA or on the Licensed Premises at the time of termination shall,at the City’s sole option,be deemed the property of the City,or removed at the DBA’s sole expense. 25.Notices.Any notices or communication required or permitted hereunder shall be given in writing and shall be personally delivered,or sent by facsimile transmission or by United States mail,postage prepaid,registered or certified mail,return receipt requested,addressed as follows: City:DBA: 8 13