11 - Hotel Occupancy Tax Agreement Amendment No. 1

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10. May, at its discretion, establish operating policies and procedures that give day -of -the - week preference to activities and events at the LCC that are most likely to result in out-of-town visits which in turn will increase HOT proceeds and promote the hotel industry. 11. Subject to reasonable availability, provide to CITY six rent-free uses of LCC facilities; provided, however, CITY shall reimburse LCC for any damages, and shall make every reasonable effort to use LCC facilities on weekdays instead of weekend days. 12. Subject to reasonable availability, provide to Paris Junior College three rent-free uses of LCC facilities for college related functions; provided, however, that college shall provide a reasonable damage deposit and/or insurance coverage for each event and reimburse LCC for any damages. 13. Subject to reasonable availability, provide to the VCC three rent-free uses of LCC facilities for VCC related functions; provided, however, that VCC shall provide a reasonable damage deposit and/or insurance coverage for each event and reimburse LCC for any damages. 14. Maintain responsibility for all costs associated with the maintenance and operation of the LCC facilities, including all capital expenditures deemed necessary to keep any and all facilities in the same condition as of the date of execution of this agreement (normal wear and tear excluded) throughout the term of this Agreement. 15. Take every reasonable effort and accommodation to ensure accessibility to the LCC facilities by persons with disabilities. Section 2. Future HOT rate increases. Should CITY adopt, consistent with state law, an assessment rate increase in the Hotel Occupancy Tax, CITY shall establish a Capital Reserve Account into which CITY shall deposit all proceeds from said increase. CHAMBER shall have the right, upon submission of a written request accompanied by such supporting documentation as CITY may require, to reimbursement from funds held in the Capital Reserve Account for monies spent by CHAMBER for capital maintenance and improvement items approved by CITY and related to the Love Civic Center during the term of this Agreement. Section 3, CHAMBER not an a sant of CITY., CHAMBER covenants and agrees it is an independent contractor and not an officer, agent, servant or employee of CITY; that CHAMBER shall have exclusive right and authority to control services to be performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; and that nothing contained herein shall be construed as creating a partnership or joint enterprise between CHAMBER and CITY for the purpose of this Agreement and shall, in no manner, incur expense or liability on behalf of CITY.