AgdaPkt 2019-09-09 Joint SA PFA - Laserfiche WebLink

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ARTICLE II PUBLIC USE OF DOG PARK 2.1 Public Use of Dog Park. 2.1.1 The Owner hereby agrees to permit members of the public to utilize the Dog Park and to enter the Property for that purpose seven days a week from 8:00 am to 8:00 pm. No charge shall be made for such use. 2.1.2 Members of the public utilizing the Dog Park shall comply with all applicable federal, state, county and local laws, rules, and regulations and all reasonable rules and regulations for use of the Dog Park adopted by the Owner in consultation with the City under Section 2.1.3 below. 2.1.3 At least ninety (90) days prior to the public's first use of the Dog Park, the Parties shall meet and confer to approve written, detailed rules and regulations for use of the Dog Park by the public. If City and Owner do not agree on the rules and regulations for use of the Dog Park, the Owner shall have the final authority to adopt reasonable rules and regulations, so long as those rules and regulations do not discriminate between members of the public, and residents or tenants of the Project. 2.2 Maintenance. Owner shall be responsible for the maintenance, repair and replacement, at its sole cost, of the facilities comprising the Project, including the Dog Park, which Owner shall keep in a good, safe and usable condition, in good repair, and in compliance with all applicable federal, state, county, and local ordinances. Members of the public may be required to remove litter and other objects brought onto the Property and to place dog feces in approved receptacles. Owner may also require members of the public to reimburse Owner for the actual cost of repairing damage done to the Dog Park caused by use of the Property, excluding damage attributed to ordinary wear and tear. ARTICLE III AMENDMENT OR TERMINATION OF AGREEMENT 3.1 Amendment or Termination. The Parties may mutually agree to amend or terminate this Agreement in whole or in part. As provided in Section 7.1 of the Development Agreement, any amendment to this Agreement shall automatically be deemed to be incorporated into the Development Agreement, This Agreement shall survive the termination or cancellation of the Development Agreement. 3.2 Requirement for a Writing; Amendments. No amendment to or termination of this Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing that refers expressly to this Agreement and is signed by duly authorized representatives of the Parties. Where this Agreement requires an approval or consent of the City, such approval may be given on behalf of the City by the City Manager or his or her designee. The City Manager or his or her designee is hereby authorized to take such actions as may be necessary or appropriate to implement this Agreement, including without limitation the execution of such documents 2 167710512007512.3 ` 17/5/2016 PAGE 302