§ 5-212. GENERAL TERMS AND CONDITIONS.

(a)

Each concessionaire, lessee, licensee or permittee and their agents, officers, and employees, shall take possession of use and occupancy of the Center "as is", and shall comply with all applicable federal, state and local laws, rules and regulations, as adopted or established from time to time by the Manager or by any governmental entity, agency or department including, without limitation, the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, including enabling laws, regulations, rules and guidelines, as to accessibility (including assembly areas, accessible routes, and auxiliary aids), and non-discrimination. Any violation thereof by a concessionaire, lessee, licensee, permittee or any of their agents, officers, or employees shall, at the discretion of the Manager, and without limitation of rights and remedies otherwise available under law, equity or contract, subject any such violator to immediate expulsion from the Center and the forfeiture of all fees, charges, deposits and bond obligations theretofore paid or provided, without releasing in any manner any obligations for the payment of fees and charges, required to be paid under any Concession Contract, Lease, License, Permit, Special Use License, Supplemental License Agreement or Temporary Use Permit, for the full term thereof.

(b)

No oral agreements for the use of the Center shall be binding on the Manager or the city. The Concession Contract, Lease, License, Permit, Special Use License, Supplemental License Agreement or Temporary Use Permit issued by the city and signed by all parties thereto, shall constitute the contract between the city and the respective concessionaire, lessee, licensee or permittee.

(c)

Upon written notice to the concessionaire, lessee, licensee or permittee, the city or the Manager may cancel or revoke any Concession Contract, Lease, License, Permit, Special Use License, Supplemental License Agreement or Temporary Use Permit when the respective concessionaire, lessee, licensee or permittee is, in the reasonable discretion of the city or the Manager, determined to be acting contrary to the public interest, health, safety and/or welfare as specifically set forth in said notice.

(d)

Except as otherwise acceptable to city's Risk Manager, by its signing of a Concession Contract, Lease, License, Permit, Special Use License, Supplemental License Agreement or Temporary Use Permit as hereinabove provided, a concessionaire, lessee, licensee or permittee, at its sole cost and expense, shall covenant and agree to relieve and discharge the city, its officials, officers, agents, volunteers and employees, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and for loss, injury, claim, demand, action in law or equity, (including attorney's fees and litigation expenses) or damage to any person, persons, or property that may be sustained directly or indirectly by reason of the possession, occupancy or use of the Center, and to save them free and harmless and defend and indemnify them therefrom; and every concessionaire, lessee, licensee and permittee shall further agree to pay for any and all damage to the Center and damage to or loss of any of the property and equipment of the Center, and any other property of the city or third parties, resulting, either directly or indirectly, from such possession, occupancy or use of the Center, or by or through the negligence or other acts of said concessionaire, lessee, licensee, permittee, or any of their agents, employees or invitees in connection with or during said use or occupancy. The city's Risk Manager may require concessionaire, lessee, licensee or permittee to covenant and agree that the obligations under the preceding sentence shall apply regardless of whether the city or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the active negligence or by the willful misconduct of the city or any of its officers, officials, employees, agents or volunteers.

(e)

No Concession Contract, Lease, License, Permit, Special Use License, Supplemental License Agreement or Temporary Use Permit, or any interest therein, shall be assigned by any such concessionaire, lessee, licensee or permittee without the prior written consent of city.

(f)

Every concessionaire, lessee, licensee and permittee shall furnish or pay for police or security protection as may be required by the Manager during the use of the Center, and if such concessionaire, lessee, licensee or permittee fails or refuses to furnish police or security protection satisfactory to the Manager, the Manager may furnish the same and charge the cost thereof to the concessionaire, lessee, licensee or permittee.

(g)

The Manager and other duly authorized representatives of the city shall have the right to enter the entire Center complex, and all parts thereof, for any purpose and at all times during all uses thereof by concessionaire, lessee, licensee or permittee.

(h)

No copyrighted works including musical compositions, whether held by a member of the American Society of Composers, Authors and Publishers ("ASCAP") or other copyright holder(s), shall be presented, played or sung in connection with any use of the Center, either amplified, televised, or otherwise, and either in the form of a mechanical recording or personal rendition, unless the concessionaire, lessee, licensee or permittee sponsoring the program shall have first paid any license fee, royalty or other fee required by ASCAP or other copyright holder, and upon the request of Manager shall have provided evidence of such payment.

(i)

Any Concession Contract, Lease, License, Permit, Special Use License, Supplemental License Agreement or Temporary Use Permit issued pursuant hereto shall provide that the concessionaire, lessee, licensee or permittee shall quit the facilities at the expiration of the time provided in such Concession Contract, Lease, License, Permit, Special Use License, Supplemental License Agreement or Temporary Use Permit and that the concessionaire, lessee, licensee or permittee shall leave the Center including the facilities, furnishings and equipment thereof in the same condition as existed prior to the onset of concessionaire's, lessee's, licensee's or permittee's possession, use or occupancy, whichever is earlier, except for ordinary wear and tear.

(Added Ord. 6783, 1966; Am. Ord. 2000-83, §§ 1, 2, eff. 2-2-01; Am. Ord. 2002-22, § 11, eff. 5-30-02; Am. Ord. 2007-96, § 4, eff. 1-19-08).