50-04 Lease Agreement w/ Board of Ed - Pools

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5.5 CITY shall be responsible for the ma'mtenance of the roof, outside walls, and other structural parts of the building and pools of which the Leased Premises are part, in accordance with the Pool Agreement between the parties. 5.6 CITY agrees to take all steps necessary to preserve both parties' entitlement to sovereign immunity for tort claims pursuant to Ohio Revised Code Section 2744.01 et seq., and specifically the provisions for public sw' ,nnming pools, wad'mg pools, water slides, or other aquatic facilities. 6. Damage to the Leased Premises. If the Leased Premises are damaged such that they are wholly ur~fit for BOARD's occupancy or use then this Lease shall automatically terminate upon the occurrence of such damage. 7. Property. and Liabili~. Insurance. CITY shall maintain fire and casualty insurance on the buildings and structures in which the Leased Premises are located. CITY and BOARD shall each 1~ required to secure and ma'mta'm during the entire Term of this Lease other appropriate insurance. Nevertheless, in accordance with the Pool Agreement, the CITY hereby agrees to reimburse BOARD for insurance costs appropriately allocated to the Leased Premises in the same manner that any other costs of operation of the pools exceeding revenues create a deficit for which the CITY is obligated under the Pool Agreement. CITY shall be named as an additional insured on such policies of BOARD as pertain to the Leased Premises. Upon request, BOARD shall d61iver appropriate evidence to CITY as proof that adequate insurance is in force. CITY shall have the right to requke that the CITY receive notice of any termination of such insurance policies. 8. Parking. BOARD shall be entitled to use shared parking spaces of the respective Madison and Lakewood Parks for the temporary parking of the motor vehicles of BOARD's employees, agents, customers, invitees, and guests. 9. MiScellaneous. 9.! If the context of this Lease so requires, the plural includes the singular (and vice-versa), and the masculine, neuter, and femin'me include each other. 9.2 Ohio law shall govern all aspects of this Lease and any controversies arising thereunder; any litigation involving this Lease shall be properly venued in the Courts of Cuyahoga County, Ohio, and the parties hereby submit to the personal jurisdiction of the Courts of Cuyahoga County, Ohio. 9.3 The provisions of this Lease shall be severable and, if any part of this Lease is held to be unconstitutional or unenforceable, such holding shall not affect the enforceability of any other portion of this Lease. 9.4 All notices required or permitted to be given by this Lease shall be delivered in person or sent by certified United States mail, postage prepaid, which shall be deemed received when placed in the United States mail All notices shall be sent to the CITY at Lakewood City Hall, 12650 Detroit Avenue, Lakewood, OH 44107 and to the BOARD at Lakew6od Board of Education, 1470 Warren Road, Lakewood, OH 44107, or, if in person, by delivery to the Director of Public Works or Director of Finance for the CITY or to the Superintendent or the Treasurer for the BOARD. 3