25A - AGMT - MUNICIPAL PARKING FACILITIES OPERATOR

Home Browse Search

d. The Operator shall be solely and fully responsible for the release of any Hazardous Material that it uses. The Operator shall timely comply with all requirements of all appropriate governmental agencies and authorities in its investigation, remediation and clean up of any release of a Hazardous Material. If the Operator does not promptly commence and diligently pursue the remediation and clean up any release of such Hazardous Material, the City, in its discretion, may pay, to have the release remediated and cleaned up, and the Operator shall reimburse the City within fifteen (15) business days of City's demand for payment. The failure to commence remediation and clean-up and to provide City with a schedule for diligent completion of the remediation within sixty (60) days after discovery of such release, or danger of release, of such Hazardous Material shall constitute prima facie evidence of failure to promptly commence remediation. e. The Operator agrees to defend, indemnify and hold harmless the City, its trustees, officers, officials and employees from any and all losses, claims, actions costs, expenses, judgments, subrogation or other damages resulting from injury to any person or damage to property, including, without limitation, the cost of any cleanup and remediation of Hazardous Materials, which the City may sustain as a result of the presence, use, storage or cleanup of Hazardous Materials in the Parking Facilities that are attributable in any manner to the Operator. The obligations set forth in this Section shall survive the expiration or earlier termination of this Operating Agreement. 13.2. Reporting Obligation. Upon becoming aware of any release of a Hazardous Material in a Parking Facility, the Operator shall immediately report such release to the City and to any other appropriate public agency. The Operator shall immediately report the release of any Hazardous Material to the City even where the quantities released would not be otherwise reportable to another public entity. This reporting obligation exists with regard to any release to Hazardous Material within a Parking Facility and is not limited to releases of those Hazardous Materials used by the Operator. 15. DAMAGE BY OPERATION If Operator, its agents or employees, causes any injury, damage or loss at any Parking Facility, Operator shall repair, at its sole cost and expense, such injury, damage or loss at City's direction and upon City's prior approval. City reserves the right to perform such repairs, and bill Operator for such costs and deduct such costs from any compensation then due and owing to the Operator. The rights of City set forth in this Section are in addition to, and do not in any manner limit, any right of City to be indemnified by Operator for any such injury, damage or loss. 16. IMPROVEMENTS AND ALTERATIONS No structures, improvements, or facilities shall be constructed, erected, altered, or made within the Premises without the City's prior written consent. At all times during the term of this Agreement, City shall have the right to enter the Premises for the purpose 17 25A-21