2021/07/28 Council Agenda Packet

regarding any such after hour rentals or activities that the VOA has planned or booked. City shall provide a facility monitor for any City sponsored programs that are outside of the normal operating hours of the VOA. • The City and VOA will reasonably cooperate in scheduling and will avoid conflicts with previously scheduled programs and activities. • The City shall have full access to the Center in cases of emergency or disaster for meetings, staging supplies or shelter for staff or the public. The City will staff and incur all costs associated with this use. • For City events and use, the City shall provide staff support necessary for facility monitoring, set-up, and clean-up, and the City shall leave the Center in a clean condition and will not access VOA offices, storage or restricted areas. An Agreed Service Plan may revise, supplement and/or provide additional detail regarding the requirements of this subsection F. III. CENTER MAINTENANCE SERVICES / ALTERATIONS / UTILITIES A. Maintenance 1. Maintenance of Center. VOA accepts the Center and its improvements in their "as is" condition. As part of the Services, VOA shall at all times throughout the term keep the Center in good order, condition and repair. At the termination of this Agreement, VOA shall leave the Center in the same or better condition as received, normal wear and tear excepted. Except to the extent this Agreement specifically states otherwise and except to the extent specifically provided otherwise in a current Agreed Service Plan, VOA is responsible at VOA's cost for all maintenance of the Center. The City will maintain at the City's cost the Center building shell, including the roof, exterior walls, foundation, HVAC, plumbing, fire suppression equipment, electrical and building structure. In addition, the City will provide carpet replacement and major painting projects. The City will determine when carpet replacement and painting is necessary. 2. Maintenance of City -Owned Equipment and Personal Property. Except to the extent specifically provided otherwise in a current Agreed Service Plan, VOA is responsible at VOA's cost for the maintenance and repair of City -owned personal property shown in Exhibit B to this Agreement. Such City -owned personal property will remain the property of the City. VOA shall not remove any City -owned property from the Center without the prior written permission of the City Parks Director or designee. The City at the City's cost will replace the personal property items shown in Exhibit B when they are no longer usable. However, the City reserves the right to make all determinations regarding replacement, including whether a replacement is necessary, when the replacement will occur, and what the replacement item will be. The City will not replace the existing fitness equipment listed on Exhibit B. 3. Maintenance of VOA -Owned Equipment and Personal Property. VOA is responsible at VOA's cost for the care, maintenance, and replacement of its own personal property and equipment. 5