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7 <br /> (c) Charge no fee for users for entering and utilizing <br /> the park; provided, however, that the Port may charge <br /> reasonable fees for special use of the particular portions of <br /> the Premises to help offset operational costs. For example, <br /> the Port may charge a reasonable fee for use of the boat ramp <br /> and docks. <br /> (d) In the event of damage to the Premises subject to <br /> this Agreement, the Port will repair or cause to have repaired <br /> the damage. The cost of repair will be shared among the <br /> parties as provided in paragraphs 2 .1 and 2 .2 of this <br /> Agreement. Prior written notice of repair will be given to <br /> the other parties with the Port's estimates for the repairs. <br /> If estimates for repairs necessitated by a single incident <br /> exceed $10,000, or if the cost of repairs for more than one <br /> incident necessitating repair within a calendar year exceed <br /> $10, 000, written approval from the City and County are <br /> required before work may commence on the repairs, fas <br /> exceed" $10, 0-6-0. ,�J�,� ,�� ' - __ ' - - - - <br /> (e) The Port hall hold harmless from and indemnify the <br /> County and City against all claims, losses, suits, actions, <br /> costs, counsel fees, litigation costs, expenses, damages, <br /> judgments or decrees, by reason of damage to any property or <br /> business and/or any death, injury or disability to or of any <br /> person, including any employee, arising out of or suffered, <br /> directly or indirectly, by reason of or in connection with an <br /> action, error or omission of the Port, Port's employees, <br /> agents or subcontractors, arising out of this Agreement. <br /> SECTION 3 <br /> IMPROVEMENTS <br /> 3 . 1 Phase Three Improvements. <br /> (a) The Port shall promptly commence and diligently <br /> pursue to completion the Phase Three improvements to the <br /> Premises substantially as set forth in Attachment B Hereto. <br /> In the course of completing the Phase Three Improvements, the <br /> Port shall expend no less than $300, 000 of its own separate <br /> funds in addition to the $150, 000 IAC funds which must also be <br /> spent entirely on the Phase Three Improvements. <br /> (b) The County shall reimburse the Port $75, 000 toward <br /> the cost of the Phase Three Improvements including in water <br /> and park portions but excluding street and access improvements <br /> upon receipt of satisfactory evidence the Port has spent at <br /> least $600, 000 on the Phase Three Improvements and those <br /> improvements are operable and of benefit to the public. <br /> ') <br /> , <br /> BNC:3221-1:82992-1 <br /> 3 VOL 3018 PAGE 0 9 4 7 <br /> 9504 1 003 8 <br />