Laserfiche WebLink
7 <br /> 1.10 Severability. If any provision of this Agreement or its application is held invalid, the remainder <br /> of the Agreement or the application of the remainder of the Agreement shall not be affected. <br /> SECTION 2 <br /> Improvements and Funding <br /> 2.1 Objective. The improvements to be made to the 10th St. Marine Park under this Agreement are as <br /> specified in Exhibit B-2, except as may be modified as a result of the permit process or by mutual <br /> agreement of the parties. In applying the funding specified in this Agreement to specific items set <br /> forth in Exhibit B-2,the parties shall each designate a project management contact who shall be <br /> authorized to make decisions for the party in the application of the funding to the specific items in <br /> Exhibit B-2. In the event that selections of items from Exhibit B-2 are not unanimous, a majority of <br /> the project management contacts may choose the item(s)to be constructed and/or installed. In no <br /> case are the project management contacts authorized to exceed the available funding specified in <br /> this Agreement. Where phasing the completion of the stated improvements is appropriate based on <br /> the funding limitations of the parties, such phasing will be as mutually agreed upon in writing. <br /> 2.2 Participation of the Parties. By this Agreement, it is intended that a total of no less than$750,000 <br /> (no less than $250,000 from each of the parties)be allocated and expended toward design and <br /> construction of improvements to the 10th St. Marine Park as follows: <br /> (a) The Port shall be responsible for the operation and maintenance of the premises. The Port shall <br /> be the lead for all aspects of this project in the same manner as it would for any other project on <br /> Port property. However, the other two parties will be kept informed of project progress and will <br /> be consulted as specified herein should the Port desire to change or revise any aspect or element <br /> of the project. The Port agrees to promptly commence and diligently pursue to completion (to <br /> the extent funding is available)the improvements to the premises substantially as set forth in <br /> Exhibit B-1. In the course of completing design and construction of these improvements,the <br /> Port shall expend no less than $250,000 of its own separate funds. <br /> (b) The County shall share in the cost of the aforementioned improvements to the 10th Street Marine <br /> Park by reimbursing the Port one-third of the Port's expenses for design and/or construction <br /> upon receiving satisfactory evidence of such expenses, up to a maximum of$250,000. The <br /> timing and manner of reimbursement shall be as agreed between the Port and County Finance <br /> Directors. <br /> (c) The City shall share in the cost of the aforementioned improvements to the 10th Street Marine <br /> Park by reimbursing the Port one-third of the Port's expenses for design and/or construction <br /> upon receiving satisfactory evidence of such expenses, up to a maximum of$250,000. The <br /> timing and manner of reimbursement shall be as agreed between the Port and City Finance <br /> Directors. <br /> (d) Section 2 of that certain Interlocal Agreement for Funding of Marine Park Boat Ramp dated <br /> February 15, 1995 is specifically incorporated into this Agreement. <br /> 18 <br />