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75B - AGMT - LEASE RSCCD
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10/15/2019
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75B - AGMT - LEASE RSCCD
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Last modified
10/10/2019 5:19:03 PM
Creation date
10/10/2019 5:17:24 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
75B
Date
10/15/2019
Destruction Year
2024
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EXHIBIT 1 <br />whole or in part by fire, theft, the elements, or any other cause not the fault of the City, this <br />lease shall continue in full force and effect and District, at District's own cost and expense, shall <br />repair and restore the damaged Improvements or Previous Improvements. <br />a) Any restoration by District of the Improvement(s) shall comply with the original <br />plans for the improvements described in Article 5, except as (i) modified by <br />District and approved in writing by City or (ii) required by the DSA, the Field Act, <br />or other applicable law. Any restoration by District of Previous Improvements <br />under the previous 1979 license between the parties shall comply with the <br />original project approvals except that any currently applicable code updates shall <br />be made, except as otherwise modified by District and approved in writing by <br />City. <br />b) The work of repair and restoration shall be commenced by District within ninety <br />(90) days after the damage or destruction occurs and shall be completed with <br />due diligence not later than two years after the work commenced or a date <br />mutually agreed upon in writing by the parties. In all other respects, the work of <br />repair and restoration shall be done in accordance with the requirements for <br />original construction work on the whether or not funds are available from <br />insurance proceeds. <br />Application of Insurance Proceeds <br />Section 7.04. Any and all fire, casualty, or other insurance proceeds that become <br />payable at any time during the term of this lease because of damage to or destruction of any <br />improvements for which District holds title, on the Premises shall be paid to District and applied <br />by District toward the cost of repairing and restoring the damaged or destroyed improvements, <br />in the manner required by Section 7.03 of this lease. <br />ARTICLE 8- INDEMNITY AND INSURANCE <br />Indemnity Agreement <br />Section 8.01. District shall indemnify and hold City and City's property, including the <br />Premises, now or hereafter on the Premises, free and harmless from any and all liability claims, <br />loss, damages, or expenses resulting from District's occupation and use of the Premises, <br />specifically including, without limitation, any liability, claim, loss, damage, or expense arising by <br />reason of the following: <br />a) The death or injury of any person, including District or any person who is an <br />employee, board member, official, agent of District, or any invitee to the <br />property by District or by reason of the damage to or destruction of any <br />property owned by District or by any person who is an employee or agent of <br />District, from any cause whatever while that person or property is in or on the <br />#iznazVz <br />75B-15 <br />
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