Playing Smart changelabsolutions.org | kaboom.org 108 third party use of District Active Use Areas. The City shall encourage community users to dispose of trash in the trash receptacles during use of Active Use Areas. C. Toilet Facilities [This model clause allows the City to provide restroom facilities at the District’s outdoor Active Use Areas. If the indoor Active Use Areas are open at the same time as the outdoor properties, this clause may be unnecessary.] The City shall place temporary, portable, restroom facilities at the District’s Outdoor Active Use Areas at the discretion of the District. It shall be the responsibility of the City to maintain these facilities. 15. Parking During Public Access Hours, the District shall make available for public parking the parking facilities listed in Attachment C to this Agreement. 16. 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, through its designated employee, inspect and notify the City, of any damage, as described above in subsection 12(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 subsection 16(d) 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. C. Reimbursement Procedure The District shall send an invoice to the City’s designated employee within ______ days of completion of the repairs to or replacement of damaged property. The invoice shall itemize all work hours, equipment, 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.
RkJQdWJsaXNoZXIy NTkzMzk=