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AgdaPkt 2013-02-25
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AgdaPkt 2013-02-25
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Last modified
2/26/2013 11:48:07 AM
Creation date
2/25/2013 8:59:05 AM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
2/25/2013
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6.1.E. - Page 13 EXHIBIT A <br /> d. Inspection and NotiGcation <br /> The Responsible Party shall ensure that the User inspects the Owner's Property after use to determine <br /> whether the site is being returned in the condition that it was received. The Responsible Party shall <br /> notify the Owner within 72 hours in the event that Owner's Property suffers damage during User's use. <br /> Such notification sha11 entail written notification by letter,facsimile,or email to the Owner's designated <br /> employee identifying the damaged property,date of detection,name of inspector,description of daznage, <br /> and,if known,the estimated costs to repair or replace the property. <br /> 11.Suppiies <br /> The User shall furnish and supply all materials necessary to carry out its programs while using the Owner's <br /> Property. <br /> 12.Maintenance,Custodial Services,snd Toilet Facilities. <br /> The Responsible party shall ensure that the User exercises due care in the use of the Owner's Property and <br /> that the User shall,during the time of its use,keep the Owner's Property in neat order.Except as noted in <br /> Site Specific Attachments,the Owners sha11 be responsible for the regular maintenance,repair,and upkeep <br /> of their respective Properties. <br /> 13.Parldng <br /> The Owner shall make available the public pazking at the parking facilities listed in the Site Specific <br /> Attachments to tlus Agreement. <br /> 14.Restitution and Repair <br /> The Responsible Party shall make restitution for the repair of damage to the Owner's Use Areas that <br /> occuaed during User's use of Owner's Property. <br /> a. Inspection and Notification The Responsible Party shall,through its designated employee,inspect and <br /> notify the Owner of any damage,as described above in Section 10(d). <br /> b. Repairs Except as mutually agreed,the Responsible Party or User shall not cause repairs to be made for <br /> any property,facility,building,or item of equipment for which the Owner is responsible.The Owner <br /> shall agree to make such repairs within the estimated and/or fixed costs agreed upon.If it is mutually <br /> determined or as a result of problem-resolution under Section 14(d)of this Agreement that the User is <br /> responsible for the damage,then the Responsible Party agrees to reimburse the Owner at the estimated <br /> and/or fixed costs agreed upon. <br /> c. Reimbursement Procedure The Owner sha11 inspect the property and submit a damage claim and <br /> estimated costs in writing to Responsible Party within one(1)week of the damage notification. Within <br /> three(3)days of completion of repairs,the Owner shall send an itemized invoice to the Responsible <br /> Pazty. The Responsible Party shall reimburse the Owner in full within 90 days of receipt of such invoice. <br /> d. Disagreements The Responsible Party shall retain the right to disagree with any and all items of damage <br /> to buildings or equipment as identified by tlie Owner,provided this disagreement is iden�ed within <br /> seven(7)days after a first notification. <br /> i The User shall notify the Owner of any disagreements in writing by letter, facsimile,or email to the <br /> District's designated employee.The User shall clearly identify the reasons for refusing responsibility <br /> for the damages. Failure to notify the Owner of the disagreement within the prescribed time period <br />
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