City Council Agenda and Packet 2019 09 10

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of DBA use,then the City at its option may terminate this Agreement or set such dates and times as it determines,either action to be by written notice given to the DBA.There shall be no more than 8 event dates each year in 2019 and 2020 unless otherwise agreed in the annual addendum. The designated periods of the DBA’s exclusive use shall be referred to in this Agreement as the “DBA Exclusive Use Times”. B.The DBA’s use and occupancy of the Licensed Premises shall be limited to the DBA Exclusive Use Times designated pursuant to this Agreement. Except for the DBA Exclusive Use Times,the City shall have the right to occupy or use all portions of the Licensed Premises for any purpose of the City, including but not limited to renting or licensing the Licensed Premises to other groups for perfot-mances or events.Any such rental or license by the City to third patties shall not include any of the DBA’s personal property stored on the Licensed Premises. C.Notwithstanding anything in this Agreement to the contrary,the mutual designation by the parties of any DBA Exclusive Use Times shall not in any way limit or impair, or be construed to limit or impair,the City’s rights to terminate this Agreement for breach or for convenience as set forth in Sections 20 and 21 of this Agreement. D.The DBA agrees that it does not have or claim,and shall not at any time in the ffiture have or claim,any ownership interest or estate in the Licensed Premises,or any other interest in real property included in the Licensed Premises,by virtue of this Agreement or by virtue of Licensee’s occupancy or use of the Licensed Premises.The permission granted to the DBA to use the Licensed Premises is a revocable license and not a leasehold interest or any other estate in the property. 4.Purposes.The Licensed Premises may be occupied and used by the DBA pursuant to tins Agreement solely for the following purposes: A.Construction, installation,maintenance,operation, repair and replacement of site improvements for conduct of the Street Faire,pursuant to the provisions of this Agreement; B.Conduct of the Street Faire during the DBA Exclusive Use Times,which consists of musical performances,food vending,arts and crafts booths,service and consumption of alcohol beverages as that tenu is defined in C.R.S.§12-47-103,and similar festival activities. The Street Faire shall be conducted subject to all terms and conditions of this Agreement,and in accordance with the following standards and limitations: (1)Amplified sound shall not be permitted beyond 10:00 p.m. (2)No Street Faire activities shall extend beyond 10:00 p.m.other than clean up. (3)Set-up for the weekly Street Faire within City Rights of Way shall commence no earlier than 3:00 p.m.on the day of the Faire. 2 7