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EXHIBIT A USE AND SERVICES PERMITTEE'S RESPONSIBILITIES: 1. Permittee shall not bring or store upon the Property any hazardous waste, materials or things. Without limitation on the foregoing, Permittee shall, at Permittee's sole cost and expense, immediately remove and properly dispose of any and all hazardous wastes, materials, or other things or objects prohibited hereunder which may have been deposited in, upon or over the Property arising from Permittee's use and occupancy thereof. In the event any such hazardous materials, wastes, or other prohibited thing or object is deposited on the Property by Permittee, or is otherwise so deposited from Permittee's use and occupancy thereof, Permittee shall immediately notify City of such event, and shall, as aforesaid, immediately commence removal thereof. Said removal shall be subject to the requirements of City, and the Property shall be restored to a condition substantially conforming to that existing prior to the occupancy thereof by Permittee. 2. Permittee is responsible for screening, hiring and supervising qualified swimming coaches and lifeguards recognized by national life-saving and/or swimming instructor associations to be on the pool deck during programs. 3. 4. Permittee shall be responsible for opening and closing the Facilities. Permittee shall pay Two Thousand Eight Hundred Dollars ($2,800) per month (excluding City's summer program months) for all labor, repair, maintenance and operational supplies (which includes Building Maintenance staff time, pool cleaners, cleaning/custodial staff, chemicals, supplies, alarm service, pest abatement, first aid supplies, and any overtime callouts that are required to maintain the facility in a safe and healthy manner for Herkner Pool); plus all utilities (gas and electric costs for building and pool, and water). In the event that the billing cycle used by City's electricity supplier is not on a calendar month, the Parties shall, in good faith, make the necessary adjustment for presentation of the invoice and payment. It is also understood by the Parties that Permittee will be charged rent on the use of the facilities at the rate of fifteen percent (15%) of the total costs of the monthly invoice. 5. Permittee will pay for all keys issued during the term of the Agreement; will pay for any lost keys and/or rekeying of the Facilities if deemed necessary to regain security of the Facilities. All keys issued to Permittee will be returned at the termination of this Agreement. If keys are not retumed Permittee will be charged for the costs incurred to City for replacement and/or rekeying. 6. Permittee will not be responsible for any costs not in the normal operating expenses of the pool including, but not limited to, equipment repairs, pool repairs and facility repairs. 7. The hours of operation of the Facilities by Permittee shall be restricted to 5:30 a.m. to 10:00 p.m., Monday through Friday; and 6:30 a.m. to 8:00 p.m. on Saturdays. 8. Permittee shall not use any amplified sound, whistles, bullhorns, music, etc., between the hours of 5:30 a.m. and 8:00 a.m. or 8:00 p.m. to closing during any day of operation. AttyIPermits/Permit.012 021405 7 -"""T'