25A - AGMT CABRILLO TENNIS MAINT

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Har -Tru specifications attached hereto and incorporated herein as Exhibit B. Maintenance shall include daily litter/debris removal, weed removal, grooming with Aussie Clean Sweep and Line Sweeper, tape and nail inspection/repair. Courts and line tape shall be swept between each reservation. Concessionaire shall monitor the hydration system to ensure sufficient moisture is evenly distributed throughout the court. Once a month (or more frequently depending on use) the clay court shall be scarified with Har -Tru Gator rake and steel Bristle Drag Brush. The clay court shall be rolled as necessary to obtain an even level surface. The other items such as nets, windscreen, fencing etc. shall be maintained up to the same level as the other concrete tennis courts. (See attached Exhibit B for equipment description, maintenance detail and rolling technique). 5.3 Damage, Destruction or Vandalism of Facilities. In the event of damage, destruction or vandalism by third parties of any of the Facilities, Concessionaire shall repair or rebuild the same as soon as reasonably possible, except in any of the following circumstances: (a) Concessionaire reasonably determines that the repair or rebuilding cost exceeds the sum of the proceeds available from the applicable insurance carried pursuant to this Agreement and any related deductible amounts; (b) the damage or destruction occurs within the last four (4) months of the Term. If any of the foregoing circumstances exist, then the Concessionaire may, not later than thirty (30) days after the date of said damage or destruction, notify the City of the Concessionaire's intent not to repair or rebuild the damaged or destroyed Facility. If the Concessionaire so notifies the City, then this Agreement shall immediately terminate. Concessionaire and City agree that if the cost of repair is less than $3,000.00, Concessionaire will be solely responsible for the repairs. In the event that the cost of repairs is over 53,000.00, the City and Concessionaire will share in the cost of repairs. The percentage of shared cost will be on a case by case basis, based on the cause and extent of the damage. All maintenance/repair shall commence within thirty (30) days of the need thereof and diligently prosecuted to completion of same, except where the state of disrepair is such that an emergency or hazard is created thereby in which event there shall be an immediate correction thereof. 6.0 CITY RESPONSIBILITIES 6.1 The City shall be responsible for maintaining the following: • Concealed utility lines • Roofing of the club house, grandstand, and restrooms • Provide tennis court light bulbs to be installed by the Concessionaire • Utility charges for heat, gas/water, trash, electricity • Landscaped areas of the Facilities. • Parking lots serving the Facilities. 25A-11