RES 231354 - Laserfiche WebLink

NOW, THEREFORE, in consideration of the mutual promises expressed herein, the parties agree as follows: 1. Grant of Sublicense. Subject to the terms and conditions of the License, District hereby grants to City a nonexclusive, revocable Sublicense to enter onto the Property for the uses described below. 2. Trail and Landscape Maintenance. a. City shall, at its sole cost and expense, be responsible for and cause any recreational and trail improvements on the Property to be maintained, repaired and operated in an orderly, safe, and sanitary manner at all times including but not limited to: drinking fountains, park benches, pathways for bicycle, pedestrian or equestrian uses and City street crossing signals within City ROW including but not limited to curb cuts, ramps, ADA features, trail markers, bike lane signs, striping, and signage, excepting District signage described in Subsection e, below. b. City shall, at its sole cost and expense, be responsible for and cause landscaping improvements on the Property to be maintained in an orderly, safe, and sanitary manner at all times including but not limited to irrigation, weed removal, tree trimming, and removal & replacement of vegetation when diseased or dead. c. City shall, at its sole cost and expense, be responsible for placing and servicing garbage receptacles within Property. d. District shall, at its sole cost and expense, be responsible for maintaining the trail entry fencing, bollards, gates and District-signage per Subsection e, below, on the Property. District is not responsible for improvements outside of the twenty foot (20') wide corridor comprising the Property. If improvements span across the Property onto other real property owned by City, District and City will mutually coordinate repair and replacement of such improvements. e. District will maintain and replace the District's standard trail information &warning signs. District shall continue to be responsible for the maintenance of bollards and other improvements installed by District as part of the operation of the Iron Horse Regional Trail. f. The maintenance and replacement of benches and associated paving, and removal of waste, litter and other items from the Property shall be the responsibility of the City, unless such waste or litter is caused by a party or its employees or contractors in which situation such party shall be responsible for removal. Under no circumstances shall District be responsible for the benches, associated paving, removal of waste, litter and other items from the Property. g. The removal of graffiti and repair of any vandalism or theft shall be the responsibility of the party which is responsible for maintenance of the item upon which the graffiti or vandalism is placed. For example, if a trail directional sign is tagged with graffiti, the District shall be responsible for removal of the graffiti. If graffiti is written on a tree or 2