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AgdaPkt 2000-03-27
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AgdaPkt 2000-03-27
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7/21/2005 10:25:30 AM
Creation date
6/28/2005 12:06:49 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
3/27/2000
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<br />6L-q <br /> <br />discharge the maintenance obligations of the defaulting party and to collect from the defaulting <br />party the entire cost of such maintenance. If the defaulting party fails to reimburse the non- <br />defaulting party within thirty (30) days following receipt of an invoice for such work, the <br />amount due shall bear interest until paid at the lesser of (i) fifteen percent (15 %), or (ii) the <br />highest rate allowed by law. <br /> <br />1.5. Abandonment of Easement. City shall have the right to abandon the Access <br />Easement at any time. If, at any time after April 28, 2016, City does not use the Boat Ramp <br />for Routine or Emergency Lagoon Maintenance for a period of twenty-four (24) consecutive <br />months, the Access Easement shall automatically terminate and be of no further force or effect. <br />In such event, each party agrees to execute and cause to be recorded any document reasonably <br />necessary to reflect thç termination of the Access Easement. <br /> <br />2. <br /> <br />Annual Event Usage Right. <br /> <br />2.1 Grant of Use Right. RSOA hereby grants to City the right to use the <br />Property up to one (1) time in each calendar year for a "City-Sponsored Event," subject to all <br />of the limitations, covenants and conditions contained herein. "City-Sponsored Event" shall <br />mean an event lasting no more than two (2) consecutive days that is open to the general public <br />and/or employees of City and which is under the direct control and active supervision of City. <br /> <br />2.2 Use Restrictions. All City-Sponsored Events shall be of a size and <br />nature that is consistent with the size and nature of the Property, and shall not overburden the <br />Property or its improvements. Without limitation of the foregoing, no more than 200 people <br />shall be allowed on the Property at any given time. City will provide all necessary security <br />control for the event, and wilí provide all required public sanitation facilities (e.g. restrooms) <br />for the entire duration of the event. RSOA reserves the right to impose further reasonable <br />ìimirat:ions on the use of the Property by City to ensure that the use compiies with aU laws and <br />restrictions applicable to the Property, and does not create a nuisance or unreasonable <br />interference with the use and enjoyment of neighboring properties. <br /> <br />2.3 Schedulinl?: of Use. City and RSOA agree to cooperate in good faith to <br />schedule City-Sponsored Events. City-Sponsored Events shall be held on scheduled dates <br />reasonably approved by RSOA. RSOA agrees that it will not sponsor or approve of any events <br />that conflict with any City-Sponsored Event that has been scheduled by RSOA. <br /> <br />2.4 Maintenance Obligations. City covenants and agrees that immediately <br />following every City-Sponsored Event, City shall, at its sole cost and expense, clean, sweep <br />and repair as necessary the Property to the reasonable satisfaction of RSOA. If City. fails to so <br />clean, sweep and repair the Property immediately following its use of the same, then RSOA <br />shall have the right to clean, sweep and/or repair the Property, and charge City for the cost <br />thereof. If City fails to reimburse RSOA within thirty (30) days following receipt of an <br />invoice for such work, the amount due shall bear interest until paid at the lesser of (i) fifteen <br />percent (15%), or (ii) the highest rate allowed by law. <br /> <br />4 <br /> <br />Easemem-RSOA <br />Feb. 11.2000 Draft from RSOA <br /> <br />.-,.......-. <br />
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