CCP 01-27-1997 - Laserfiche WebLink

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V.J.. ';'v."ij I .i,""1.";';; r.'1..lo. 10<)00<1<1 .'".... .f::.J V.i-" U.i-:l: - .-----. - - provision for at least 400 temporary seats which are available for use at anyone of the rinks. In -. addirion, the design will provide adequately for equipment, locker rooms, concessions and toilet areas and all other space and equipment reasonably necessary for rhe operation of the facility. I Each party shall have at leasr 30 days to review the proposed design. After this 30 day review period, MASC may demand p~yment of the first part ofrhe DOWN PAYMENT, porrion of the I financing. Payment of the fifS( p:m of the DOWN PAYMENT means that the proposed design is accepted by that party. Failure to pay within 30 days afrer the demand means tha, me party failing to pay has withdrawn from this agreement and mi.> agreemenr shall be void as to all parties. I If the required DOWN PAYMENTS are made. MASC will cause the facility to be COnstrL.lcted substantially in accordance with the proposed design. I After design approval, any substantial modifications nor increasing ,he overall CO" of the facility by more than $50,000 may be made by a majority vote of the Joint Board_ . After design approval any sub"amial modificarions [Q the design which increases the overall CO" of the facility by more than $50,000 may be made only after a unanimous vote of the Joint Board. I V. EXPANSION MASC shall have the right to e"pand the number of ice sheers on irs property beyond four provided th.r: I If such expansion is physically connected to this facility all parries shall have pro rata right of first refusal to purchase additional scheduling and programming rights on sllch <<rIDS and condirions .. as are offered by MASC. Exception: It is coruemplatod that MASC in connection with financing the construcrion of I this facility, may make certain covenants to Anok. County in connection wirh the operation of Columbia Ice Arena. In such case, MASC shall be permitted to fulfill its covenants as a priority over rights granted by this poragr.ph. I VI. DEFAULTS AND FAILURES TO PERFORM If any party defaults on any of its obligations under this agreement and such default continues for a period in excess of 30 days aftcr written notice is mailed (Q such party, rhe other I parries shall have right of first refusal on all of the defaulring party's asscts. liabilities, rights and obligations in conne"rion with the facility and rhis agreement, under sueh terms conditions and procedure as are derermined by rho agreement, under such terms conditions and procedures as ar" . determined by the Joim Board. If no other party assumes the assets. liabilities, righes and obligations of the defauhing party, MASC may dispose of them ins such manner as ir sees fiL If any party except the MASC fails to perform an obligation required under this agreement, . all parties agree that MASC may pursue any appropriare remedies On behalf of all parties including lirigation in a court of competem jurisdiction. If MASC fails to perform any obligation, the board, by majority affirmarive vote may pursue appropriare remedics on behalf of all parties. I VII. ADDITIONAL AGREEMENTS The MANS Subdivisions may emer into agreements among one another nor inconsi.>rent wi th this agreem"nt. I ~ 11 I