HomeMy WebLinkAboutFarmers Market License Sound Transit (4)EXHIBIT B
2.5 (d) Special Events. City may request the right to use all or a portion of the Plaza, for
itself or third persons for special events. Sound Transit shall grant such right provided that the
requested use is consistent with Sound Transit's reasonable written policies for public use of the
Plaza in effect at the time of the request and that the proposed use will not unreasonably interfere
"with the use of the Station for public transit purposes. "Special events' include but are not
limited to street fairs. City shall give Sound Transit not less than thirty (30) days prior written
notice of each special event proposed to be held in the Plaza. If Sound Transit determines the
special event is inconsistent with its policies or would unreasonably interfere with Sound
Transit's use of the Station for public transit purposes, Sound Transit shall so notify City not later
than seven (7) days after receipt of City's request. At its expense, City shall provide, perform or
cause to be performed all security; maintenance, set up, take -down, appropriate cleaning and
refuse pickup and all other services required or desired by City and those reasonably required by
Sound Transit for each special event, both during the special event and promptly after the end of
each special event authorized under this Section 2.5(d). Any damage to the Plaza suffered
during such special event shall be repaired by City at its expense unless (i) caused by Sound
Transit or its customers, contractors, invitees or licensees in which case Sound Transit shall
repair such damage at its expense or (ii) caused by an occurrence that is unrelated to the special
event. If City derives any revenue from a special event under this Section and such revenue
exceeds City's costs of the special event, then unless otherwise agreed Sound Transit shall be
entitled to fifty percent (50 %) of such excess in exchange for City's use of the Plaza for such
special event. For such purposes, City's "revenue' means those charges collected by City from
third parties in exchange for use of the Plaza or part thereof during the special event and does not
include derivative benefits such as tax revenues and City's "costs" includes overhead such as but
not limited to the salaries, wages and benefits paid to City's employees reasonably allocable to
the amount of time spent by them in connection with the special event. On Sound Transit's
request, City shall permit Sound Transit to inspect and copy City's books and records related to a
special event.
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