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AgdaPkt 2014-06-23 Closed and Joint SA
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AgdaPkt 2014-06-23 Closed and Joint SA
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Last modified
6/19/2014 5:44:54 PM
Creation date
6/19/2014 5:24:15 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
6/23/2014
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d. 7.1.C. - Page 38 tification <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 shall 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 damage, <br /> and, if known,the estimated costs to repair or replace the property. <br /> 11. Supplies <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, and 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 shall be responsible for the regular maintenance, repair, and upkeep <br /> of their respective Properties. <br /> 13. Parking <br /> The Owner shall make available the public parking at the parking facilities listed in the Site Specific <br /> Attachments to this 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 /> occurred 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 shall 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 /> Party. 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 the Owner, provided this disagreement is identified 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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