Common use of IMPROVEMENTS, ALTERATIONS AND MAINTENANCE Clause in Contracts

IMPROVEMENTS, ALTERATIONS AND MAINTENANCE. a. WBA makes no warranties as to the condition of the Licensed Premises or its Xxxxxx Island environs, and Member accepts the Licensed Premises in an “as is” condition, the Member having had the benefit of inspecting the Licensed Premises prior to execution of this Agreement. b. Member shall not be permitted to make any improvements or alterations to the Licensed Premises or its Xxxxxx Island environs without the prior written consent of WBA and the City, except, however, Member shall, at Member’s expense, immediately make any repairs to the Licensed Premises which are needed to cause the Licensed Premises to comply with all applicable federal, state, and local laws, regulations, ordinances, and this Agreement, and to maintain the Licensed Premises or its Xxxxxx Island environs in the same condition they were in at the inception of this Agreement or as improved by WBA or the City. c. Member shall at all times maintain the Licensed Premises and any allowed improvement(s) situated or to be situated on the Licensed Premises or its Xxxxxx Island environs in a good and safe condition in compliance with this Agreement. d. Prior to the use of the Licensed Premises for the permitted purpose herein stated and subject to the Permit, and as a condition to the continued use of the Licensed Premises during the term of this Agreement, Member shall present specific plans and specifications for any improvements or alterations to the Licensed Premises or its Xxxxxx Island environs to WBA and the Winona City Manager, or his or her designated representative, for his or her review and approval. If approved, that fact shall be noted on the plans and specifications submitted which shall then be filed with WBA and the Winona City Manager. Plans and specifications shall be sufficiently detailed to show the location, dimensions, design and materials for any improvements or alterations to the Licensed Premises or its Xxxxxx Island environs and such other or different information as WBA or the City may require. Any changes to the initial plans and specifications submitted to and approved by WBA and the City shall be presented in the same manner as the initial plans and specifications and shall be subject to all of the terms and conditions herein provided. Member’s failure to comply with the covenants and conditions contained in this Agreement and the Permit shall be construed as a default of this Agreement. e. If the WBA and the City consent in writing following review and approval of plans and specifications for the same as provided herein, allowing improvements to be made to the Licensed Premises or its Xxxxxx Island environs, prior to making any allowed improvements, repairs or alterations in excess of $10,000.00 to the Licensed Premises or its Xxxxxx Island environs described herein, and/or contracting for any labor and materials to which the provisions of Minnesota Statutes Section 574.26 apply, the Member shall furnish to WBA and the City a bond executed by a surety company, approved by WBA and the City in the full amount of the contract of the labor and/or materials to be provided and conditioned as provided by the General Statutes of the State of Minnesota. The bond shall be executed by a surety company authorized to do business within the State of Minnesota and having a minimum A.M. Best rating of B+. f. During the term of this Agreement, Member shall keep the Licensed Premises in a sanitary condition. Member shall remove all trash, obsolete equipment and inoperable vehicles from the Licensed Premises and keep the Licensed Premises free from refuse or other debris. g. Neither Member, nor any contractor hired by Member, shall make any improvements within the Licensed Premises or any area of Xxxxxx Island without the prior express written Agreement of WBA and the City.