2004-033 (2) - Laserfiche WebLink

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(e) Within the policies and standards set by the County pursuant to this First Amendment, the Dodgers shall function as an independent contractor in fulfilling the duties required by this First Amendment. All staff required by the Dodgers to accomplish their obligations under this First Amendment shall be employees of the Dodgers and not the County. (f) The Dodgers take the Parking Property "as is" both as of the Effective Date and upon completion of the Improvements, with no warranty from the County as to condition. (g) The Dodgers shall provide, at their expense, all equipment necessary to perform their responsibilities hereunder. (h) If the County reasonably believes that the Dodgers' failure to comply with any of their obligations under this First Amendment involves a "life safety issue," as hereinafter defined, the County shall have an immediate right to correct the life safety issue and the reasonable costs and expenses incurred by the County in correcting the life safety issue shall be due and payable by the Dodgers to the County within thirty (30) days after the submission of a statement to the Dodgers for the payment of the same. If such amount is not paid when due, it shall bear interest at the prime rate published by the Wall Street Journal from time to time from the date that the Dodgers received the County's statement until the date payment was made. For purposes of this First Amendment, a "life safety issue" shall mean a situation which imposes an immediate threat of bodily harm or death to any users or occupants of the Parking Facility. (i) Other than the Parking Improvements, the Dodgers shall not construct any additional buildings or structures on any portion of the Parking Property without the .prior written approval of the County, which approval shall not be unreasonably withheld. (j) On or before the expiration date of the Term, the Dodgers shall remove all of their personal goods and effects, repair any damage caused by such removal, and surrender and deliver the Parking Facility in its "AS IS" condition. Any personal property or effects not removed within thirty (30) days after the expiration date of the Term shall be deemed to have been abandoned by the Dodgers, and may be retained or disposed of by the County, in its sole discretion, in accordance with applicable law. (k) Upon the expiration or earlier termination of the Facility Lease Agreement, the Dodgers shall return the Parking Facility to the County free and clear of any contractual obligations or other legal encumbrances granted by the Dodgers, except utility easements and other encumbrances necessary for the maintenance and operation of the Parking Facility. Page 6 of 10 I