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HomeMy WebLinkAboutCORRESPONDENCE - RFP - P758 DOWNTOWN CONCESSIONAIREAdministrative Services Purchasing Division City of Fort Collins August 11, 2004 Tumbleweed Super Tasty Treats Attn: David Ammann 525 Peterson Street Fort Collins, CO 80524-3137 RE: P-758 Downtown Concessionaire Outdoor Vending Dear Mr. Ammann: This letter is being sent as written notification that the City of Fort Collins finds you in default of the above referenced agreement per Section 3, K. "K. All sales tax returns and concessionaire payments to the City associated with the concession operation must be filed by their due date. No assessment fees, penalties or interest will be waived by the City." Per section 5' the default must be abated within ten (10) days after receipt of this written notice, or before August 21, 2004, or the City of Fort Collins will terminate the Agreement. If you have any questions regarding this matter, please contact David Carey, C.P.M., Buyer, at (970) 416-2191 Sincerely, B. O'Neill, II CPPO,FNIGP a cc: Linda Samuelson Encl: * P758 Concessionaire Agreement/Section 5 (copy attached). 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 H. ' If either party must resort to legal action to enforce the terms of this Agreement, the prevailing party shall be awarded its costs and reasonable attorney's fees. I. Any notice required or desired to be given under this Agreement will be considered delivered to the other party upon hand delivery or upon its deposit in the United States mail, postage prepaid, sent by registered mail, addressed to the other party at the following address: City: City of Fort Collins Treasury Division of Finance PO Box 580 330 S College Ave Fort Collins, CO 80522 Concessionaire: Tumbleweed Super Tasty Treats 509 Garfield Street Fort Collins, CO 80924-3853 224-3177 Section 5. Default A. The Concessionaire shall be in default under the terms and conditions of this Agreement, if the Concessionaire fails to cure the default within ten (10) days after written notice setting forth the nature of the default is delivered to the Concessionaire. B. In the event the default is not timely cured, the City may elect to (a) terminate this Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance or (c) avail itself of any other remedy at law or equity. City: Concessionaire: O'Neill ll, CPPO of Purchasing and Risk Management Title: - d— - I Date: LDate:y- 31-da 5