Agenda - Council - 09/13/2016 - Laserfiche WebLink

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NOW THEREFORE, in consideration of the mutual promises contained in this Agreement the parties agree as follows: A. Grant to Construct. The City grants to ARAA the right to construct, maintain, and upon completion, donate to the City the backstop, fencing and dugouts for public purposes; B. Performance Bond, Surety and Escrow. City Council does not require a Performance Bond, Surety and Escrow. C. Failure to Construct, and Continuous Progress. The grant to construct the improvements shall expire if ARAA has not commenced and substantially completed construction of the project on or before December 31, 2017. Additionally, once the construction commences, the progress shall be continuous (barring inclement weather), and the site shall be inspected the end of each work shift for site security with added attention to public safety in a park known to host unattended children. D. Condition of Premises not Warranted. The City does not warranty any aspect of the project and ARAA assumes all risk with respect to the construction of the improvements. More specifically, the City shall have no responsibility with regard to any failure of, or damage to the proposed improvements; nor any underground obstructions until the donation of the completed improvements. E. Maintenance. The City shall maintain the ballfields consistent with its standards and policies, and ARAA at its expense shall be responsible for maintenance or replacement of the screening inserts for the dugouts if used. F. Construction, Licensure and Insurance. ARAA' contractors or vendors working on city property shall be licensed or permitted to work in the city; and they shall be properly insured with the city receiving a certificate of insurance before any work is performed. Further, and separate from the construction process and period, both the City and ARAA shall maintain appropriate insurance consistent with past practices. G. Pre -Construction Meeting and Inspections. ARAA shall be responsible for scheduling a preconstruction meeting at the site with appropriate trades and the City, and also responsible for the scheduling of inspections by the City as needed or required. H. Ballfield 'Upgrades'. In the event ARAA desires 'upgrades' or improvements to the backstops and related improvements, it shall be responsible to install at its expense these changes or improvements upon approval by the City.