2021-10 - Metroparks Agreement - Laserfiche WebLink

Home Browse Search

2.3 Condition of Premises. Manager accepts the Premises in their present or "as is" condition as of the Commencement Date. 2.4 Use Restrictions. Manager shall provide the Services only so long as the Premises shall be used by Municipality for trail use by the general public and such trail is connected to Manager's trail system. Should Municipality, other than temporarily for repair or maintenance, cease using the Premises for trail use by the general public or should the trail, except temporarily for repair or maintenance, cease to connect to Manager's trail system, Manager may terminate the Agreement effective immediately. 3. Term. 3.1 Initial Term. The "Initial Term" shall commence upon the Commencement Date and expire upon the tenth (10th) anniversary of the Commencement Date, unless sooner terminated in accordance with the provisions of this Agreement. 3.2 Extension Term. Manager shall have the right and option to extend this Agreement for up to twenty (20) Extension Terms. Manager shall automatically be deemed to have exercised its option to extend the Agreement for the Extension Terms unless Manager notifies Municipality in writing of its intent not to extend not less than six (6) months prior to the expiration of the Initial Term or the then current Extension Term, as applicable. 3.3 Termination. Notwithstanding the foregoing or any other provision of this Agreement to the contrary, upon completion of the Initial Term, Manager or Municipality shall have the right, if such Party so elects at any time, to terminate this Agreement by delivery of six (6) months' written notice to the other Party. At any time during the Agreement, if either Party fails to fulfill any obligation under this Agreement and, sixty (60) days after notice of such failure, such Party has not remedied such failure, the non -breaching Party may terminate this Agreement effective immediately. 4. Payment. 4.1 Payment for Services. In consideration of the Agreement hereby granted, provided the Premises is used for trail use by the general public and is connected to Manager's trail system, Manager shall provide the Services to Municipality for zero dollars ($0.00). 4.2 Contribution to Detroit Avenue Project. As additional consideration for Municipality constructing the all-purpose trail connection to Manager's trail system, Manager shall contribute Twenty -Five Thousand Dollars ($25,000.00) towards Municipality's Detroit Avenue connection project, formally identified as CUY US 006A 00.54NAR, PID 111366. Such funds shall be payable to Municipality within thirty (30) days after Municipality's Board of Control approves the award of a bid for construction of the Detroit Avenue project and Manager receives an invoice from Municipality. Municipality shall use the full $25,000 towards the Detroit Avenue project. 4.3 Taxes; Utilities. Municipality shall be solely responsible for the payment of all Taxes and the maintenance, repair, replacement and/or removal of all utilities located on, over or through the Premises, except to the extent such utilities are owned by another party, who shall