City Maintenance. In the event of Property Owner’s failure to operate and maintain BMPs in accordance with the Plan and the City’s Ordinance, the City may also, with prior written notice, enter the Property to return the BMPs to good working order; provided however that the Property Owner shall have 30 days after any such notice, or such other time provided by law, to cure the relevant failure and provided further that the Property Owner shall have such additional time after the initial 30 days to complete a cure so long as Property Owner commences the cure within the initial 30 days and diligently prosecutes the cure to completion. Notwithstanding the foregoing, City may in its sole discretion enter the Property to return the BMPs to good working in an emergency and take any other necessary action to mitigate an emergency without any notice to Property Owner. The City is under no obligation to maintain or repair the BMPs, and this Agreement may not be construed to impose any such obligation on the City. If the City, under this Section 4 takes any action to return the BMPs to good working order, the Property Owner shall reimburse the City for all the reasonable costs and expenses incurred by the City. The City will provide the Property Owner with an itemized invoice of the City’s costs and expenses and the Property Owner shall make full payments to the City within thirty (30) days of the date of the invoice. If the Property Owners fails to pay the invoice within thirty (30) days, the City shall be entitled to cause a lien for any such unpaid maintenance expense bill to be recorded against the Property. In addition, the City shall be entitled to have the unpaid amount of the invoice placed as a special assessment on the next regular tax bill levied against the Property, after which such assessment shall be collected in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedures under foreclosure and sale in the case of delinquency as provided for ordinary municipal taxes. The actions described in this section are in addition to and not in lieu of other legal remedies provided by law. Notwithstanding the above, it is understood that City is under no obligation to repair or maintain the BMPs, and in no event shall this Agreement be construed to impose any such obligation on City.
City Maintenance. All industry standard repairs and regular preventative maintenance necessary to maintain the structural and exterior components of Building 30 and the Premises, the Common Areas, and the heating, ventilation, utility, electric, sprinkler, elevator and plumbing and other systems and equipment serving Building 30 and the Premises in a reasonably good operating condition, as reasonably determined by City, shall be performed by City at its expense, including washing of all exterior windows and regular maintenance and janitorial service for the Common Areas. The foregoing sentence does not extend to maintenance occasioned by an act or omission of Concessionaire or its officers, agents, employees, or contractors. Except in the event of City’s gross negligence or intentional misconduct, there shall be no abatement or reduction of the Concession Fee arising by reason of City's making of repairs, alterations or improvements.
City Maintenance. CITY will be solely responsible for replacements (but not maintenance and repairs) of long-lived items involving the roof, heating ventilation and air conditioning (HVAC) systems, and structural components (foundation and support walls); if and when such long-lived items have expired their useful life and can no longer be maintained or repaired by CHS in a cost-effective manner. In the event CITY has insufficient funds available/appropriated for requisite capital improvements/replacements of these long-lived items at The Premises, or if such improvements/replacements are not financially feasible, then CITY reserves the right to delay or not perform the capital improvements until such funding is appropriated and available.
City Maintenance. The Premises shall be made available to the City by 21 Contractor for any required facility maintenance.
City Maintenance. Unless otherwise specified in the Exhibits to this Agreement, City agrees to provide, at its own cost and expense, any and all maintenance for the City Facilities. Maintenance to be provided by City shall be staffed by City personnel, be consistent with normal maintenance levels as applied to other comparable City Facilities and shall insure safe and healthful use. Maintenance to be provided by City shall also include payment by City, at its own cost and expense, any and all utility costs, including without limitation, electricity, water, and refuse removal costs.
City Maintenance. The City may close Park Property on a daily basis if needed to control vandalism or inappropriate off-hours usage. The Park Property is not maintained in the winter by the City. The City shall provide JGRPA with keys to the Park Property at the beginning of summer but all sets of keys provided to JGRPA must be returned to the City at the end of the season. The City shall provide waste receptacles for garbage during the summer months and shall empty these receptacles as needed but JGRPA shall enforce the “leave no trace behind” principle with its User Groups. The City shall provide 1 to 2 portable toilets on Park Property from May 1st through September 15th as funding permits. JGRPA shall be required to provide additional portable toilets as needed at its own expense. There is currently no sewer, water or electrical capabilities on Park Property. JGRPA may provide generators, water holding tanks, storage units, and additional portable toilets at its own expense.
City Maintenance. Notwithstanding the foregoing, CITY shall be responsible for maintaining the following elements of the buildings, which shall not be considered a Direct Cost:
City Maintenance. The City shall, at all times during the term hereof, at its sole cost and expense, keep, maintain, repair and replace the Surface Improvements, and the Plaza Amenities of the Market Street Plaza in good condition and repair in accordance with standards set forth in (i) the City’s 50th & France District maintenance policy and schedule, as the same may be amended form time to time (“50th & France Maintenance Policy”), and (ii) the O&M Plan, as the same may be revised from time to time (provided however, in the event that any inconsistency exists with respect to the 50th & France Maintenance Policy and the O&M Plan, the O&M Plan shall control). Subject to any additional requirements of the 50th & France Maintenance Policy and the O&M Plan, such maintenance and repair work shall include the following (collectively the “City’s Work”, and together with the Developer’s Work, collectively the “Maintenance Work”):
