Reso 2007-1156 - Laserfiche WebLink

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17. User Fee. The City shall pay a user fee to the School Board in connection with this Agreement in the amount of One Dollar ($1.00) per year. The City shall pay the School Board upfront a lump sum payment in the amount of Forty Dollars ($40.00) for the full term of this Agreement. The School Board shall pay a user fee to the City in connection with this Agreement in the amount of One Dollar ($1.00) per year. The School Board shall pay the City upfront a lump sum payment in the amount of Forty Dollars ($40.00) for the full term of this Agreement. 18. Addition or Modification of Existing Facilities. 18.1. Required Modification of Facilities. In the event that upgrades, modifications or changes to the facilities are required to meet or comply with new or revised codes, laws or governmental requirements or regulations applicable to the facilities, The School Board shall be responsible for those upgrades to the School and Parking Garage, and the City shall be responsible for those upgrades to the Pelican Community Park. 18.2. Elective Additions or Modifications to Facilities. 18.2.1. School Board Additions or Modifications. The School Board shall have the right to make additions, modifications or replacements to the School and Parking Facilities, at its expense, as it deems appropriate or necessary, with such matters to be co-ordinated with the Joint Use Committee. 18.2.2. Pelican Community Park. The City shall have the right to make additions, modifications or replacements to the Pelican Community Park Facilities, at its expense, as it deems appropriate or necessary, with such matters to be co-ordinated with the Joint Use Committee. 19. Damage or Destruction of Facilities. If damage occurs from fire, windstorm or other casualty, the City shall repair or replace the Pelican Community Park Facilities and the School Board shall repair or replace the School and Parking facilities, such repair or replacement to be completed within a reasonable period of time to avoid any unnecessary interruption of services to the School Board, City residents and general public. In the event the School Board is unable to use some or all of the Pelican Community Park Facilities due to Damage or Destruction, its obligations under this Agreement, including payment for utilities (Sections 10 and 11), and maintenance (Section 9), shall be reduced proportionately. 20. Miscellaneous. 20.1. Amendment. No modification or amendment of this Agreement will be of any force or effect unless in writing and executed by all of the Parties to this Agreement. 20.2. Assignment. This Agreement may not be assigned or transferred by any party to this Agreement, except to a govenunental entity which succeeds to the rights of a Party to this Agreement. 20.3. Construction of Agreement. The Parties to this Agreement have substantially contributed to the drafting and negotiation of this Agreement, and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. The Parties acknowledge that they have thoroughly read this Agreement, including all exhibits and attachments hereto, and have sought and received II ~ "