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. 15.2. Operator, as an Operating Expense, in accordance with the approved budget shall be responsible for all routine maintenance, preventive maintenance, minor repairs, and equipment servicing including but not limited to cleaning and provision of normal day-to-day maintenance and repair, as necessary, to floor, walls, equipment, fire protection system, improvements and fixtures, provided by the City for Operator’s use. As provided in Section 2.2.5, it is understood and agreed that the City shall retain responsibility for maintenance of the Golf Courses greens, tees, aprons, traps and hazards, fairways, roughs and driving ranges, and for such maintenance of the clubhouses and other Improvements as the Contract Administrator shall direct. 15.2.1 Operator is responsible for all sanitation and maintenance of the Food Services, including maintenance of all equipment used in the Food Services operation in accordance with scheduled maintenance standards of such equipment. 15.3. City shall supply all electricity, gas, local telephone, long distance telephone and data lines, water, and other utilities used by the Operator. Operator shall deposit into trash receptacles on the premises designated by the City, all waste, garbage and refuse which shall accumulate in the concession stands, kitchen and commissaries and shall keep the Facilities allotted to it in good, clean and sanitary condition. Trash removal from the Facility is the responsibility of the City. 15.4. Operator will comply with and observe all federal, state and local laws, ordinances and regulations as to sanitation and the purity of food and beverages or otherwise relating to the Food Services operation. 15.5. The cost of all repairs and maintenance shall be paid by the Operator from that line of the operating budget allocated for repairs. In the event repairs exceed the above stated amount, such repairs must be pre-approved by the City as an amendment to the approved budget. Additionally, the Operator shall be responsible for ensuring that all repairs, replacements, and maintenance shall be of a quality and class at least equal to the original work. Any replacement of an item contained on the inventory schedule to be prepared prior to Facilities opening or any new item added to the inventory shall be deemed the property of the City. 15.6. If any repairs are of an emergency nature, the Operator shall make such repairs in accordance with the following provisions: The City shall reimburse the Operator for the full amount of the emergency repair. An emergency repair is defined herein as the repair of a condition which, if not performed immediately, creates an imminent danger to persons or property and/or an unsafe condition at the Facilities threatening persons or property and was not the result of lack of preventative maintenance or improper operation. The cost of any emergency repairs shall be reimbursed to the Operator from the capital or operating budgets.

Appears in 5 contracts

Samples: Golf Course Operating Agreement, Golf Course Operating Agreement, Golf Course Operating Agreement

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CAPITAL IMPROVEMENTS AND MAINTENANCE. 15.114.1. The City will retain the responsibility for maintenance, repairs and capital improvements to the FacilitiesFacility. The City shall keep, maintain and repair the Facility and all Improvements in good, working, and safe operating condition sufficient to allow Operator to perform its Services and operate its business within the Facility; however, the City is under no obligation to make such capital 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. 15.214.2. Operator, as an Operating Expense, in accordance with the approved budget shall be responsible for all routine maintenance, preventive maintenance, minor repairs, and equipment servicing including but not limited to cleaning and provision of normal day-to-day maintenance sanitation and repair, cleaning as necessary, to floor, walls, equipment, fire protection system, improvements and trade fixtures, provided by the City for Operator’s use. As provided in Section 2.2.5, it It is understood and agreed that the City shall retain responsibility for maintenance of the Golf Courses greensFacility tables, teeschairs, apronscounter tops, traps and hazardsfloors, fairwaystelevision displays, roughs and driving rangesrefrigeration units, and for such maintenance of the clubhouses ovens, warming elements, and other Improvements as the Contract Administrator shall direct. 15.2.1 14.3. Operator is responsible for all sanitation and maintenance of the Food Servicescleaning, including maintenance of all equipment used in the Food Services operation in accordance with scheduled maintenance standards manufacturer recommendations and guidelines of such all food service equipment. 15.314.4. City shall supply all electricity, gas, local telephone, long distance telephone and data lines, water, and other utilities used by the Operator, unless as may be otherwise expressly set forth herein. Operator shall deposit into trash receptacles on the premises designated by the City, all waste, garbage and refuse which shall accumulate in the concession stands, kitchen and commissaries and shall keep the Facilities Facility allotted to it in good, clean and sanitary condition. Trash removal from the Facility is the responsibility of the City. The City shall provide at its cost any grease trap or receptacle necessary for the operation of the Facility and Operator shall be responsible for the cleaning and maintenance of such grease trap as an Operating Expense. 15.414.5. Operator will comply with and observe all federal, state and local laws, ordinances and regulations as to sanitation and the purity of food and beverages or otherwise relating to the Food Services operation. 15.5. The cost of all repairs and maintenance shall be paid by the Operator from that line operation of the operating budget allocated for repairs. In the event repairs exceed the above stated amount, such repairs must be pre-approved by the City as an amendment to the approved budget. Additionally, the Operator shall be responsible for ensuring that all repairs, replacements, and maintenance shall be of a quality and class at least equal to the original work. Any replacement of an item contained on the inventory schedule to be prepared prior to Facilities opening or any new item added to the inventory shall be deemed the property of the CityFacility. 15.6. If any repairs are of an emergency nature, the Operator shall make such repairs in accordance with the following provisions: The City shall reimburse the Operator for the full amount of the emergency repair. An emergency repair is defined herein as the repair of a condition which, if not performed immediately, creates an imminent danger to persons or property and/or an unsafe condition at the Facilities threatening persons or property and was not the result of lack of preventative maintenance or improper operation. The cost of any emergency repairs shall be reimbursed to the Operator from the capital or operating budgets.

Appears in 1 contract

Samples: Operating Agreement

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