Playing Smart

Playing Smart changelabsolutions.org | kaboom.org 96 8. Maintenance [Option One: The District retains responsibility for maintenance of Active Use Areas] The District shall perform normal maintenance of Outdoor and Indoor Active Use Areas at basic level of service subject to normal wear and tear. The District shall notify the City of any known change in condition of the Active Use Areas. [Option Two: The District retains responsibility for maintenance of Indoor Active Use Areas and playground and blacktop Active Use Areas and delegates to City the responsibility of maintenance of playing fields.] The District shall perform normal maintenance of Indoor Active Use Areas and all playground and blacktop [_____ or other facility] facilities of Outdoor Active Use Areas at basic level of service subject to normal wear and tear. The District shall notify the City of any known change in condition of the Active Use Areas. The City shall provide regular maintenance of playing fields [or other facility], including to the irrigation and drainage systems and turf around the field perimeter and fences. Such regular maintenance shall consist of __________________ [describe maintenance requirements]. 9. Restitution and Repair [Option One: Model clause requiring the City to repair damage.] The City shall be wholly responsible to repair, remediate, or fund the replacement or remediation of any and all damage or vandalism to the Active Use Areas that occurs during Public Access Hours. [Option Two: Model clause requiring the City to notify the District of damage and reimburse the costs to the District of repairing damage.] The City shall be responsible for making restitution for the repair of damage to Active Use Areas during Public Access Hours. A. Inspection and Notification The District shall, though its designated employee, inspect and notify the City of any damage, as described above in subsection 6(c). B. Repairs Except as mutually agreed, the City shall not cause repairs to be made for any building, facility, property, or item of equipment for which the District is responsible. The District agrees to make such repairs within the estimated and/or fixed costs agreed upon. If it is mutually determined or if it is the result of problem-resolution under Section 9(c) of this Agreement that the City is responsible for the damage, then the City agrees to reimburse the District at the estimated and/or fixed costs agreed upon. Maintenance: The parties need to allocate responsibility for maintenance of the facilities. Restitution and Repair: After discussion, the parties will tailor this provision to best suit their needs. The District may want the City to make any repairs or may want to make the repairs using its own personnel or contractors and have the City reimburse the District for the costs. Parties should address: (1) Which party will be responsible for making the repairs; (2) The timeline for making repairs; (3) The method and timeline for making reimbursements; and (4) The method for resolving disputes over repairs/ reimbursements.

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