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DO NOT RECORD <br />j. BTN will maintain the nursery facilities in a safe and clean condition, order <br />and repair, at its own cost and expense. <br />4. City Responsibilities. <br />a. City shall pay for all water and trash services furnished to the Nursery for the <br />use, operation and maintenance of the Nursery during the Term of this <br />Agreement, or any extension thereof. City will determine the feasibility and <br />cost of installing electricity service. However the ability to obtain and install <br />electricity does not impose an obligation on the City to provide electricity to <br />the Nursery. BTN will be responsible for payment of other utilities not listed <br />herein, including payment of telephone and cable charges. <br />b. City will be responsible for the maintenance of all Park areas excluding the <br />Nursery. City will provide a dumpster or other suitable facility for the <br />discarding of organic waste and will work with BTN to identify a suitable <br />location for its placement. <br />c. City will provide BTN personnel with access to toilet facilities in the Nature <br />Center, which are open to the public. <br />d. City will work with BTN to develop a plan to install directional and <br />destination signage in Santiago Park. <br />5. BTN's Equipment and Personal Property. BTN shall hold title only to BTN's <br />equipment, personal property, and plant material planted in containers. All of BTN's equipment <br />or personal property shall remain the property of BTN and are not fixtures. BTN has the right to <br />remove all of BTN's equipment or personal property at its sole cost and expense on or before the <br />expiration or termination of this Agreement; provided that such removal shall be done in a <br />professional and careful manner, without interference or damage to any other equipment, <br />structures or operations on the Premises, including the use of the Premises by City or any of <br />City's, assignees, licensees or lessees. <br />6. Facility Alterations. BTN agrees all changes or modifications to any of the <br />Premises require prior written approval of the Executive Director of Parks, Recreation and <br />Community Services. All requests for such changes or modifications shall be submitted by BTN <br />to City by utilizing its current Field /Facility Modification Request process, and City reserves the <br />right to approve or deny such requests. A copy of the City's current Field /Facility Modification <br />Request process form is attached hereto as Exhibit 1. <br />7. Indemnification, Defense, Hold Harmless. BTN shall protect, defend, indemnify <br />and save and hold harmless City, its officers, officials, employees, and agents from and against <br />any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of <br />litigation of any nature) arising out of or in connection with BTN's performance of this <br />Agreement or BTN's failure to comply with any of BTN's obligations contained in the <br />Agreement by BTN, its officers, agents or employees except such loss or damage which was <br />3 <br />