Laserfiche WebLink
6. City Responsibilities. <br />A. Utilities. City shall pay for all utility services furnished to the <br />Facilities for the use, operation and maintenance of the Facilities <br />during the Term of this Agreement, or any extension thereof, <br />including paying for all charges for heat, gas/water, trash, <br />electricity charges used during the term of this Agreement. <br />Operator will be responsible for payment of other utilities not <br />listed herein, including payment of telephone and cable charges. <br />B. Landscape. City will be responsible for the landscaped areas of the <br />Facilities. <br />C. Parking Lot. City will be responsible for the maintenance of the <br />parking lots serving the Facilities. <br />D. Repair/Restoration. In the event of damage, destruction or <br />vandalism by third parties of any of the Facilities, the City will <br />contribute to the repair and restoration as provided in section 9 of <br />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 />8. Alterations of the Facilities. Operator agrees all changes or modifications <br />to any of 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 C. <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 />25G-9