AgdaPkt 2000-03-27 - Laserfiche WebLink

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3L-g 1.3 Access for Routine Lagoon Maintenance. 1.3.1. Use Restrictions. City shall use its easement for the purposes specified in Section 1.1, and at all times in such a fashion, and at such times, as nOt unreasonably to interfere with RSOA's use of the Property; provided, that in connection with Emergency Lagoon Maintenance, City may temporarily interrupt, for the duration of the emergency, RSOA's use of the Access Easement. City agrees not to park vehicles upon the Boat Ramp Access Area for Routine Maintenance, except with the express written consent of RSOA. City may park vehicles on the Boat Ramp between the hours of 6 a.m. and 8 p.m. on any days during which City performs Routine Lagoon Maintenance. City further agrees that it shall at no time park any vehicles or otherwise use any other portion of the Property other than the Boat Ramp Access Area and the Boat Ramp. City shall not deposit or store any materials or supplies on any portion of the Property except for temporary placement of materials and supplies on and within the Boat Ramp Access Area during Emergency Lagoon Maintenance. City agrees diligently to complete the work following commencement of each instance of Routine and Emergency Lagoon Maintenance. 1.3.2. Scheduling of Use. City shall give RSOA advance telephonic notice, notice by facsimile transmission, or by other electronic means available to the parties, of City's intent to commence Routine Lagoon Maintenance operations no sooner than twelve (12) hours following such notice. If City receives no response from RSOA, City may proceed with such Routine Lagoon Maintenance operations upon the expiration of twelve (12) hours from the time of giving such notice. If, prior to the expiration of twelve (12) hours from the time of such notice, RSOA shall have objected to commencement of Routine Lagoon Maintenance operations, City and RSOA shall endeavor to agree upon an acceptable time when such operations may commence. If, after endeavoring in good faith to adjust the schedule, City determines it is unable to do so, City may proceed with Routine Lagoon Maintenance operations in conformance with this Agreement. 1.4. Maintenance Obligations. City shall be responsible for maintenance of the Boat Ramp, at its sole cost and expense. RSOA shall be responsible for maintenance of the Boat Ramp Access Area. City agrees to reimburse RSOA for one-half of the reasonable cost of maintaining the Boat Ramp Access Area. In contracting for the work of maintenance. RSOA: (i) may enter into contracts, the estimated amount of which does not exceed $10,000, without obtaining competitive bids; (ii) shall, for contracts the estimated amount of which is over $10,000 but less than $20,000, solicit not less than three (3) competitive bids without public advertisement therefor; and (iii) shall, for contracts the estimated amount of which is over $20,000, advertise in City's Official Newspaper for competitive bids in the form substantially conforming to that used by City for obtaining competitive bids. City covenants and agrees that immediately following City's use of the Lagoon Access Easement, City shall, at its sole cost and expense, clean, sweep and repair as necessary the Property to the reasonable satisfaction of RSOA. In the event either party fails to discharge its maintenance obligations after written notice from the other party and a reasonable time to commence and complete such maintenance, the non-defaulting party shall have the right to 3 Easement-RSOA Feb. II, 2000 Draft from RSOA ".-r-"..~"