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NOW THEREFORE, in consideration of the mutual promises contained in this <br />Agreement the parties agree as follows: <br />A. Grant to Construct. The City grants to ARAA the right to construct, <br />maintain, and upon completion of the structure, donate to the City the batting cages for <br />public purposes; <br />B. Performance Bond, Surety and Escrow. City Council does not require a <br />Performance Bond, Surety and Escrow. <br />C. Failure to Construct, and Continuous Progress. The grant to construct <br />the Structure shall expire if ARAA has not commenced and substantially completed <br />construction of the project on or before December 31, 2015. Additionally, once the <br />construction commences, the progress shall be continuous (barring inclement weather), <br />and the site shall be inspected the end of each work shift for site security with added <br />attention to public safety in a park known to host unattended children. <br />D. Condition of Premises not Warranted. The City does not warranty any <br />aspect of the project and ARAA assumes all risk with respect to the construction and <br />maintenance of the Structure. More specifically, the City shall have no responsibility <br />with regard to any failure of or damage to ARAA's improvements within the park; <br />before or after donation of the Structure. <br />E. Maintenance. ARAA at its expense shall be entirely responsible for <br />maintenance of the Structure and its on-going operation. <br />F. Construction, Licensure and Insurance. ARAA' contractors or vendors <br />working on city property shall be licensed or permitted to work in the city; and they <br />shall be properly insured with the city receiving a certificate of insurance before any <br />work is performed. Further, and separate from the construction process and period, <br />both the City and ARAA shall maintain appropriate insurance consistent with past <br />practices. <br />G. Pre -Construction Meeting and Inspections. ARAA shall be responsible <br />for scheduling a preconstruction meeting at the site with appropriate trades and the <br />City, and also responsible for the scheduling of inspections by the City as needed or <br />required. <br />H. Structure 'Upgrades'. In the event ARAA desires 'upgrades' or <br />improvements to the Structure, it shall be responsible to install at its expense these <br />changes or improvements upon approval by the City. <br />I. Indemnification. ARAA shall defend, indemnify and hold harmless the <br />City and its officers, employees and agents from and against any and all claims, <br />demands, actions, and causes of action, including expenses, reasonable attorneys' fees, <br />