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4 <br /> <br />1) Condition of Facilities. City and Lifetime shall do a walk-through of Centennial <br />Park facilities prior to the commencement of the term of this Agreement. City <br />makes no representations or warranties concerning the condition of such facilities. <br /> <br />i. Notification. Lifetime shall promptly notify City by email at <br />abueno@cityofpleasantonca.gov and by phone at 925.931.5345 upon <br />discovery of any potential workmanship or material defect in any <br />improvement at the Centennial Park facilities, or upon discovery of any <br />unauthorized or illegal use or activity at the Centennial Park facilities. <br /> <br />2) Damage. City shall be responsible for repairing vandalism and damage that <br />occurs to the bocce courts outside of league play at the Centennial Park bocce <br />courts. <br /> <br />3) Bulbs. City is responsible for the maintenance and replacement of court light <br />bulbs at the Centennial Park bocce courts. <br /> <br /> <br />4) Right of Possession. Lifetime acknowledges that City retains the right to enter and <br />inspect the Centennial Park facilities, and that the City has rights as the owner of <br />Centennial Park. <br /> <br /> <br />5) Public Parking Lots. Lifetime acknowledges that the parking lot at the Centennial <br />Park facility is open to the public and is not exclusive for persons using the <br />Centennial Park facilities for bocce services provided by Lifetime. <br /> <br /> <br />6) Improvements to Centennial Park. If Lifetime proposes any capital or facility <br />improvements at Centennial Park to improve bocce activities beyond the <br />maintenance and repair set forth in Section 1.B., above, the City and Lifetime <br />must reach mutual written agreement regarding the scope of the work, cost and <br />responsibility for payment of such cost. City retains absolute discretion whether to <br />proceed with any improvements proposed by Lifetime. <br /> <br />7) Promotion. City shall promote the bocce league in the City’s Activities Guide, <br />social media posts, and make/distribute flyers in the City’s reasonable discretion. <br /> <br />6. Indemnification. Lifetime shall hold harmless, defend, and indemnify the City, its <br />officers, and employees, against any and all claims, costs, demands, causes of action, lawsuits, <br />losses, expenses or liability, including attorneys’ fees, arising from or the alleged acts or <br />omissions of Lifetime, its contractors, or agents, or anything arising from this Agreement. <br /> <br />7. Insurance. During the term of this Agreement, Lifetime shall maintain in full force and <br />effect, at its own cost and expense, insurance coverages with insurers licensed to provide insurance <br />in California. Lifetime shall have the obligation to furnish City, as additional insured, the <br />minimum coverages identified below, or such greater or broader coverage for City, if available in <br />the Lifetime’s policies: <br /> <br />DocuSign Envelope ID: 14173A47-295C-49A9-AFC4-275CE53D4ADFDocuSign Envelope ID: E1FBA5B5-8FFE-4519-9EE4-E7101CDA3865