Laserfiche WebLink
Agreement or agreed in writing by the City, NWS must at NWS's sole cost acquire all <br /> permits required by law or regulation necessary for NWS use of the Ballfield Property. <br /> 7. INSPECTION AND RIGHT-OF-ENTRY. The City and its agents shall have the right, but not <br /> the duty, to enter upon and inspect the Ballfield Property at any time to determine <br /> whether NWS is complying with the terms of this Agreement. <br /> 8. MAINTENANCE OF BALLFIELD PROPERTY. <br /> (a) NWS shall at all times throughout the Term keep the Ballfield Property in good <br /> order, condition and repair. NWS shall maintain the Ballfield Property in a safe, <br /> clean, orderly and neat appearance, and shall not permit any offensive odors to <br /> emit from the Ballfield Property and shall not commit waste nor permit any waste <br /> to be committed in the Ballfield Property. NWS shall not use or permit the use of <br /> the Ballfield Property in any manner that may create a nuisance. NWS shall use <br /> care to avoid damaging or destroying City property by reason of its operations <br /> pursuant to this Agreement. Any damage caused by NWS to the City or other <br /> property shall be promptly repaired or replaced by NWS. <br /> (b) Except to the extent this Agreement or the current Agreed Service Plan (as <br /> described in attached Exhibit B) specifically states otherwise, NWS at NWS's sole <br /> cost is responsible for maintenance of the Ballfield Property. <br /> i. Without limiting the foregoing, NWS is responsible for all maintenance <br /> practices associated with maintaining the turf warranty for the athletic <br /> fields on the Ballfield Property. NWS will schedule and pay for a third <br /> party to perform impact attenuation testing as recommended by the turf <br /> manufacturer. <br /> ii. Except for maintenance attributable (a) to NWS's breach of its obligations <br /> under this Agreement, (b) to NWS's acts or omissions or those of NWS's <br /> employees, agents or contractors, or (c) to improvements made by NWS, <br /> the City will maintain at the City's cost the ballfield lighting (including <br /> ballasts, poles and bulb changes), repair/replacement of the <br /> restroom/concession roof, and the repair/replacement of underground <br /> utility/sewer pipes. This does not include irrigation or above-ground <br /> plumbing, all of which are the responsibility of NWS. NWS is responsible <br /> for maintenance for all other Ballfield Property real property, fixtures and <br /> equipment, including: bleachers, foul poles, flagpole and message <br /> boards, restroom sinks, urinals, toilets, and hand dryers, ball returns, dug <br /> out covers, and fence caps. <br /> (c) NWS will develop an annual written comprehensive maintenance plan for the <br /> annual approval of the City Park & Facilities Director or designee. The plan will <br /> include, but is not limited to, details of the NWS's delivery of daily, weekly, <br /> monthly, quarterly, and annual tasks associated with athletic field maintenance, <br /> cultural and grooming practices, including impact attenuation testing as needed. <br /> The plan will also include maintenance of any surrounding grass or vegetation, <br /> 5 <br />