2009-103 Resolution - Laserfiche WebLink

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fence shall not be re-installed until the beginning of the next season No extensions of this time period for removal shall be permitted. To the extent that in any year in which this Agreement is in effect the fence is standing at the time of the All Scouts Weekend or the NOSO Cup, the School District shall arrange, prior to each such event, to temporarily take the fence no later than one day prior to the start of such event and shall not re-install the fence sooner than the day after such event concludes. Th° °r*~°~ cI:AA.,:.~1°~' ° °~~' +~°*+~ r'* +~ ~' V 1.JH IAVJ K VIA,, V U11U (A~1V ~.J ~~ ~~~J ..1.. ...11JV1 VIA Vl~° the-r~+~~ °~ ~'~+-~ ~r°r~~~°a ~ °+' + n' a ~r '- ~ .When the School District takes the fence down each year, it shall properly cap all fence ground sleeves as instructed by the City's Recreation Commissioner. The School District shall be responsible for storing the fence on its own property. 4. The School District- agrees to maintain the fence in accordance with the plan it submitted to the Recreation Commissioner, a copy of which is attached hereto as Exhibit "A," and further in accordance with all safety standards set forth by the Ohio High School Athletic Association (OHSAA) for baseball outfield fencing. In the event that the School District fails to so maintain the fence (a "default"), the City may, after notice to the School District and the lapse of thirty (30) days without the School District remedying such default to the reasonable satisfaction of the City, revoke this license and recover from the School District damages from any injury caused to the City's property, including its reasonable cost of restoring the property to pre-license condition. 5. If the School District is required to remove any trees in the course of installing the said removable fence on Diamond Number One, it shall, at its sole cost, arrange for the planting of replacement trees at North Olmsted Park as directed by the City's Recreation Commissioner. 6. At all times during the period in which this Revocable Licensing Agreement shall be in effect, the School District shall indemnify and hold harmless the City from any and all liability whatsoever which may arise as a result of the placement and/or maintenance of the fence on the City's property; provided, however, the indemnification obligation of the School District shall not extend to any liability resulting in whole or in part from the negligent or intentional acts or omissions of the City or its employees, agents or contractors. Further, the School District shall, at its sole expense, maintain insurance coverage with an insurer authorized to transact business in the State of Ohio in a face amount of not less than One Million Dollars ($1,000,000.00), naming the City as an additional insured, and covering all risks identified above. If requested, the School District shall semi-annually submit evidence of such coverage, naming the City as an additional insured, to the City, a copy of which shall appear as an exhibit to this agreement. 2