2005-134 Ordinance - Laserfiche WebLink

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and effect as if that day were originally set forth as the termination date. For the purposes of this agreement, Instructor shall be deemed to have become permanently disabled if, during any year of the term of this agreement, because of ill health, physical or mental disability, or for other causes beyond her control, she shall have been continuously unable or unwilling or have failed to perform her duties under this contract for Thirty (30) consecutive days, or if, during any year of the term of this agreement, she shall have been unable or unwilling or have failed to perform her duties for a total period of Sixty (60) days, either consecutive or not. For the purposes of this agreement, the term "any year of the term of this agreement" is defined to mean any period of twelve (12) calendar months commencing on the first day of September and terminating on the 31St day of August of the following year during the term of this agreement. In the event that, for any reason, the Contract between the City and Instructor, is terminated, or not renewed for any reason, the Instructor shall have an absolute right to remove any and all gymnastic equipment, as located in the second floor gym, with the exception of the floor exercise mat, as a consequence of having purchased the equipment or in which the Instructor has acquired a property interest by and through this agreement. In the event that Instructor does not personally retain title to and use of the equipment, then the City has the first right to purchase it and Instructor shall tender an offer to sell prior to termination. Upon termination, the Instructor is prohibited and enjoined from leasing or selling the said equipment to any third party without first offering it for sale to the City. If the City and the Instructor cannot agree upon a sale price, then the fair market value of the equipment shall be determined by a qualified appraiser selected by the City and such price, determined by using any reasonable method by the appraiser, shall be binding. The City is under no obligation to exercise its right to purchase and may waive for any reason. Section VII Option to Terminate Contract Notwithstanding anything in this agreement to the contrary, the City has the option to terminate this agreement upon Sixty (60) days written notice to Instructor, with or without cause. In case of such termination, all money due to Instructor shall be paid within Sixty (60) days following termination, minus any necessary deductions for repairs, maintenance, or cleaning incurred by the City in connection with the termination of this contract or the moving of equipment owned by Instructor. In the event that, for any reason, the Contract between the City and Instructor is terminated, or not renewed for any reason, the Instructor shall have an absolute right to remove any and all gymnastic equipment, as located in the second floor gym, with the exception of the floor exercise mat, as a consequence of having purchase the equipment or in which the Instructor has acquired a property interest by and through this agreement. In the event that Instructor does not personally retain title to and use of the R