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ARTICLE 2. TERM <br />2.1 This Agreement shall be for a term of five (5) years commencing on its Effective Date, <br />unless earlier terminated as provided for herein. <br />2.2 Either Party may terminate this Agreement, without cause, by providing at least ninety <br />(90) days prior written notice to the other Party specifying the date for termination of this <br />Agreement. <br />ARTICLE 3. RENTAL FEE <br />3.1 Based on the public purpose set forth in the Recitals herein, City will waive the City's per <br />hour facility rental fee in connection with the use of the Premises during the term of this <br />Agreement. <br />ARTICLE 4. USE OF PREMISES <br />4.1 The Premises shall be used for the exclusive purpose of operating the FSA's Nutrition for <br />Seniors Program ("Program"). FSA shall not use or permit the Premises to be used for <br />any other purpose without the prior written consent of the City. <br />4.2 City agrees to allow FSA to collect donations for the services provided. FSA's program <br />includes current suggested donation amounts of $3.00 a meal for seniors or $9.50 for <br />residents under 60 years of age. These amounts may vary with increased costs, but may <br />be collected by FSA as part of the Program. <br />4.3 FSA will provide lunch service for seniors at the Ediberto and Gloria Flores Senior Center <br />Monday through Friday from 11:30 a.m. to 12:30 p.m. and breakfast service for seniors at <br />the Joslyn Center on Fridays from 9:00 a.m. to 10:00 a.m. Additional use of the Premises <br />for these programs include preparation and clean-up activities and will not exceed 40 hours <br />per week. <br />4.4 During the term of this Agreement, FSA shall conduct business of the type and nature <br />specified in Section 4.1 of this Agreement on the Premises in accordance with all <br />applicable laws and in a safe and business -like manner. FSA shall assume full <br />responsibility for its personal property used at the Premises and shall hold City harmless <br />for any theft or damage relating to FSA's personal property. <br />4.5 FSA shall be solely responsible for any set up and cleaning associated with its use of the <br />Premises and shall maintain the Premises in a clean and litter -free manner. FSA shall be <br />responsible for ensuring all staff meet all applicable County Health Department <br />requirements for food preparation and handling. No lock shall be replaced on the interior <br />or exterior of the Premises without the written permission of City's Facilities and <br />Community Services Director. <br />4.6 FSA shall not commit, or permit the commission of, any acts on the Premises, or use or <br />permit the use of the Premises, in any manner that will increase the existing rates for, or <br />cause the cancellation of, any fire, liability, or other insurance policy insuring the <br />Premises or the improvements on the Premises. FSA shall, at its own cost and expense, <br />maintain insurance for all personal property on the Premises. <br />2 <br />I:\cmo\Agreements\Family Service Association Facility Use Agreement FY24-0008.docx-ms <br />