NWS HOLDINGS LLC 12/30/2024 - Laserfiche WebLink

physical structures supporting the ballfield complex such as offices, restroom, kitchen, and storage areas. The annual plan will also highlight any requested and unresolved maintenance or facility replacement needs that are the responsibility of the City. (d) If NWS's maintenance of the Ballfield Property is not in compliance with this Agreement or the approved annual written comprehensive maintenance plan,the City shall have the right, but not the duty, to provide written notice to NWS in accordance with Section 16 below. However, in the event of non-compliant emergency conditions or circumstances requiring immediate attention to prevent injury or property damage, the City shall have the right, but not the duty, to immediately enter upon the Ballfield Property to remedy the non-compliant emergency conditions or circumstances requiring immediate attention to prevent injury or property damage (and the City may bar use of Ballfield Property until such remedy is complete), and NWS shall reimburse the City for all costs and expenses incurred by the City in connection with the remedy of such conditions or circumstances within thirty (30) days after demand. 9. THE CITY'S ACCESS FOR REPAIRS. The City reserves the right to make repairs, alterations, connections or extensions to the Ballfield Property or to the utility lines within the Ballfield Property, so long as such repairs, alterations, connections or extensions are not inconsistent with this Agreement. Except in cases of emergency conditions or circumstances requiring immediate attention to prevent injury or property damage (in which case the City has the right, but not the duty, to enter the Ballfield Property as necessary for the repair work and may bar use of Ballfield Property until such work is complete), the City and NWS will reasonably cooperate to schedule City work under this Section at mutually agreeable times. This Section 9 does not create any duty on the part of the City to make repairs. 10. ALTERATIONS; SIGNS. Except as may be otherwise provided in Exhibit B attached hereto, NWS shall not make or permit to be made any alterations, additions, improvements or installations in or to the Ballfield Property (including telecommunication facilities), or place signs or other displays visible from outside of the Ballfield Property, without first obtaining the written consent of the City, which may be withheld in the City's sole discretion. Except as may be otherwise provided in Exhibit C attached hereto, prior to any alteration of the Ballfield Property, NWS will supply the City with a drawing and any necessary specifications relating to its proposed alteration of the Ballfield Property. The City's review, comments, and approval shall not create any City liability for any action or inaction relating to such review, and NWS shall remain wholly responsible for the safety, adequacy, suitability, utility, and constructability of its alteration. NWS shall be authorized to perform alterations only to the extent and under such terms and conditions as the City, in its absolute discretion, shall specify. All alterations performed by NWS shall be (a) completed in accordance with the plans and specifications approved by the City; (b)completed in accordance with all applicable law(including,without limitation, Chapter 39.12 RCW); (c) carried out promptly in a good and workmanlike manner; (d) completed with all new materials; and (e) free of defects in materials and workmanship. 6