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Miscellaneous Fee Schedule. All payments shall be made by the 1st day of each <br />month in the form of a cashier's check or ACH electronic transfer made payable to <br />"City of Santa Ana." <br />4. Improvements to the Fitness Room. <br />A. City will allow TKO to make certain non -permanent improvements to <br />Fitness Room as mutually agreed upon in writing between the Parties. <br />These improvements include installation of a boxing ring and punching <br />bags. <br />B. TKO shall pay for all improvements. City will not pay any costs associated <br />with any improvements pursuant to this Agreement. <br />C. City shall have final approval of all design, engineering, construction, <br />specifications and improvements. <br />D. After improvements are completed, TKO will not make any additional <br />improvements or alterations to the Fitness Room without the prior written <br />consent of the City Manager or her designee. The Fitness Room shall <br />remain the property of the City. Upon expiration or termination of the <br />Agreement or when the Fitness Room is needed for other City uses, TKO <br />shall return Fitness Room to its original condition, unless otherwise <br />specified by the City. <br />5. Operational Rules and Regulations. TKO shall comply with all operational rules <br />and regulations promulgated by the Executive Director of Parks, Recreation and <br />Community Services, City Manager or City Council regarding the operation of <br />City's Jerome Community Center, including but not limited to, hours of operation <br />and COVID-19 protocols. <br />6. Hours of Use. Unless the Jerome Community Center is closed, TKO shall be <br />allowed to use the Fitness Room Monday- Friday from 2:00 p.m. to 7:00 p.m., <br />unless other hours and days are agreed to in writing by the City's Executive <br />Director of Parks, Recreation and Community Services Agency. City officials and <br />employees will at all times have access to the Fitness Room. <br />7. Maintenance. TKO shall at all times maintain Fitness Room in good condition and <br />repair and in a clean and safe condition reasonably satisfactory to the City's <br />Executive Director of Parks, Recreation and Community Services Agency. <br />8. Damage to Facility. TKO shall be liable for any damages to the Fitness Room <br />caused by any act of negligence of TKO, its partners, agents, servants, contractors, <br />Facility Use Agreement With TKO Youth Foundation <br />2 <br />