Laserfiche WebLink
D. In the event of damage, destruction or vandalism by third parties of <br />any of the Facilities, the City will contribute to the repair and <br />restoration as provided in section 9 of this Agreement. <br />7. Operator's Equipment and Personal Property. Operator shall hold title <br />only to Operator's equipment or personal property placed on the Facilities by Operator. <br />All of Operator's equipment or personal property shall remain the property of Operator <br />and are not fixtures. Operator has the right to remove all of Operator's equipment or <br />personal property at its sole cost and expense on or before the expiration or termination <br />of this Agreement; provided that such removal shall be done in a professional and careful <br />manner, without interference or damage to any other equipment, structures or operations <br />on the Facilities, including the use of the Facilities by City or any of City's Operators, <br />assignees or Operators. <br />$. Facility Alterations. Operator agrees all changes or modifications to any of <br />the Facilities requires prior written approval of the Executive Director of Parks, <br />Recreation and Community Services. All requests for such changes or modifications <br />shall be submitted by Operator to City by utilizing its current Field/Facility Modification <br />Request process, and City reserves the right to approve or deny such requests. A copy of <br />the City's current Field/Facility Modification Request process form is attached hereto as <br />Exhibit D. <br />9. Damage, Destruction or Vandalism of Facilities. In the event of damage, <br />destruction or vandalism by third parties of any of the Facilities, Operator shall repair or <br />rebuild the same as soon as reasonably possible, except in any of the following <br />circumstances: (a) Operator reasonably determines that the repair or rebuilding cost <br />exceeds the sum of the proceeds available from the applicable insurance carried pursuant <br />to this Agreement and any related deductible amounts; (b) the damage or destruction <br />occurs within the last five (5) months of the Term. If any of the foregoing circumstances <br />exist, then the Operator may, not later than thirty (30) days after the date of said damage <br />or destruction, notify the City of the Operator's intent not to repair or rebuild the <br />damaged or destroyed Facility. If the Operator so notifies the City, then the Agreement <br />shall immediately terminate. <br />Operator and City agree that if the cost of repair is less than $3000.00, <br />Operator will be solely responsible for the repairs. In the event that the cost of repairs is <br />over $3000.00, the City and Operator will share in the cost of repairs. <br />10. Indemnification, Defense, Hold Harmless. Operator shall protect, defend, <br />indemnify and save and hold harmless City, its officers, officials, employees, and agents <br />from and against any and all liability, loss, damage, expenses, costs (including without <br />limitation costs and fees of litigation of any nature) arising out of or in connection with <br />Operator's performance of this Agreement or Operator's failure to comply with any of <br />Operator's obligations contained in this Agreement by Operator, its officers, agents or <br />employees except such loss or damage which was caused by the sole negligence or <br />willful misconduct of City. In the event City is named as codefendant, Operator shall <br />notify City of such fact and shall represent City in such legal action unless City <br />7 <br />25E-9