HomeMy WebLinkAbout430 S COLLEGE AVE - CORRESPONDENCE - 1/28/2005 (20)as are approved by the City as being for the common good and
benefit of the City.
7. Property Maintenance Repairs and Operation. CSU shall
perform all of the services necessary to maintain, operate and
repair that portion of the Property as is described on Exhibit "B,"
attached hereto and incorporated herein by reference, and to keep
the same in good order, condition and repair, at CSU's sole cost
and expense.
The City shall have the right to inspect the Property at
all reasonable times, upon the giving of twelve hours advance
notice to CSU. If the City determines, in its sole discretion,
that the Property described on Exhibit "B" is not being properly
operated, maintained or repaired to the City's satisfaction, the
City may provide written notice to CSU specifying any and all
maintenance, repair or operational items that need to be performed
by CSU. Upon the delivery of said notice, CSU shall have fifteen
(15) days to resolve the items listed in the notice to the City's
satisfaction or shall commence significant and appropriate action
to resolve these items on a timetable acceptable to the City. If
CSU fails to resolve said items to the City's satisfaction within
the required time, CSU shall be in default hereunder.
8. Alterations. CSU shall not make or cause to be made any
alterations, additions or improvements to or of the Property or any
part of the Property, or attach any fixtures or equipment to the
Property, without first obtaining the written consent of the
Director (or authorized designee) of the City's Electric Utility,
which consent shall not be unreasonably withheld. Any alterations,
additions or improvements to the Property approved by the City will
be made by CSU at its sole cost and expense unless otherwise agreed
to in writing by the parties. In addition to obtaining the consent
of the City's Electric Utility, CSU shall also obtain all approvals
for such additions or alterations as may be necessary from the
City's Planning Department, Building Inspection Department and/or
related boards or commissions. CSU expressly agrees to be subject
to the Code of the City with respect to any such alterations and
additions and shall not claim exemption therefrom by reason of the
governmental nature of the ownership of the Property by the City or
the occupation of the Property by the state-owned university.
Any alterations or modifications proposed by CSU involving the
facade of the "Power Plant" building located upon the Property or
the "Fountain" located upon the Property shall first be approved by
the City's Landmark Preservation Commission in accordance with the
rules, regulations and ordinances of the City then in effect.
9. Mechanic's Liens. CSU will pay all costs and charges for
work done by it or caused to be done by it, in or to the Property,
and for all materials furnished in connection with such work. CSU,
to the extent permitted by law, will indemnify the City against and
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