Playing Smart changelabsolutions.org | kaboom.org 25 WITNESSETH: WHEREAS, the City desires to provide public access to playgrounds throughout the City and ensure that the playground equipment and surfacing is consistent with generally accepted guidelines such as Consumer Product Safety Commission (CPSC) and Americans with Disabilities Act (ADA) guidelines, and; WHEREAS, the City is willing to maintain playground equipment and surfacing at privately owned playgrounds in exchange for long-term public access, and; WHEREAS, the Playground Owner is willing to grant an easement allowing long-term public access in exchange for City maintenance of playground equipment and surfacing, and; WHEREAS, this Agreement provides for such a relationship. NOW THEREFORE, in consideration of the mutual covenants contained herein including execution of an easement document, the parties agree as follows: 1. This agreement covers the playground(s) described as follows: [insert description of playground(s)] 2. As City staff and financial resources allow and at its sole discretion, the City agrees to: A. maintain/modify existing playground equipment B. maintain/modify surfacing materials C. purchase and install new equipment D. purchase and install new surfacing materials The above work must be done Monday through Friday between the hours of 7:00am and 6:00pm. Work outside of these hours requires permission from the Playground Owner. 3. The City will inspect the playground and play equipment on a regular basis. At a minimum, inspections will be conducted annually. 4. Playground Owner will be required to reimburse the City for twenty-five percent (25%) of the total cost (equipment, materials & labor) for the items listed below. The City is responsible for any equipment maintenance and repair costs. A. new playground equipment B. new surfacing materials C. periodic replenishment of surfacing materials 5. The City will determine playground equipment and surfacing needs based upon generally accepted guidelines such as those established by the CPSC and ADA, available staff and funding resources, and playground needs throughout the City. The City shall consult with the Playground Owner before adding or
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