Common use of CAPITAL IMPROVEMENTS AND MAINTENANCE Clause in Contracts

CAPITAL IMPROVEMENTS AND MAINTENANCE. 15.1. The City will retain the responsibility for capital improvements to the Facilities; however, the City is under no obligation to make such improvements. The City shall, at its sole discretion, determine Capital Expenditures for repairs, improvements and maintenance. The Operator agrees to annually provide to the Contract Administrator, in accordance with the Operator’s requirements, a schedule of items that can be reasonably anticipated as necessary capital expenditures. The purpose of such a schedule is to allow the Contract Administrator to consider for inclusion such projects in its budget for the ensuing year and to prepare and update a long-range (five year) capital expenditure budget. The Operator’s failure to list particular items or projects shall not be deemed a waiver of City’s responsibility to make such capital improvements.