Irrigation The City shall provide water to the Premises for the purpose of irrigating the facility. The City specifically reserves the right to restrict water usage under this Agreement if water restrictions are placed on other water users within the City. Prior to the start of the season, City will provide charge up and run through the automatic irrigation systems to check for proper operation. City will provide Lessee with a radio for remote operation of the irrigation system, which Lessee shall use for the day to day maintenance, repair, and monitoring of the irrigation system. If the radio is lost, stolen, broken, or is rendered unusable, Lessee shall pay $1500 for the replacement radio. City is responsible for the maintenance and repair of the following irrigation elements, to the extent applicable: curb stops, backflow prevention devices, backflow enclosures, main line pipings, electric control valves, and controllers. Lessee shall notify Parks Division Water managers by email if any of these irrigation elements are malfunctioning or broken.
Sidewalks entrances, passages, elevators, vestibules, stairways, corridors, halls, lobby and any other part of the Building shall not be obstructed or encumbered by any Tenant or used for any purpose other than ingress or egress to and from each tenant’s premises. Landlord shall have the right to control and operate the common portions of the Building and exterior facilities furnished for common use of the tenants (such as the eating, smoking, and parking areas) in such a manner as Landlord deems appropriate.
Fences Except for establishment cost incurred by the United States and replacement cost not due to the Landowner’s negligence or malfeasance, all other costs involved in maintenance of fences and similar facilities to exclude livestock are the responsibility of the Landowner. The installation or use of fences which have the effect of preventing wildlife access and use of the Easement Area are prohibited on the Easement Area, easement boundary, or on the Landowner’s land that is immediately adjacent to, and functionally related to, the Easement Area.
Landscaping Maintaining, tending and cultivating and (as necessary) re-stocking any garden or grassed areas including replacing plants, shrubs and trees as necessary.
Toilets Papers, dust, cobwebs, peels, cans/bottles, cigarette butts, excrement on floor, bad smells, water pools, leaking sewage, rodents, animals (dead or alive), overflowing sanitary bins. 0 = NOT APPLICABLE 1 = UNACCEPTABLE (Toilets out of order. Toilets not cleaned on daily basis.) 2 = POOR (Toilets cleaned, but still visible signs of dirt, e.g. dust, cobwebs.) 3 = GOOD (Obvious sign that toilets are cleaned daily.) 4 = EXCELLENT (Extra effort is put in to ensure cleanliness, e.g. using detergents.)
Cleaning 8.1 CONTRACTOR shall, at his own expenses, at all times keep the premises free from accumulation of debris, waste materials, and rubbish, and at the completion of the work, he shall remove his tools and equipment and all surplus materials, debris, waste material, and rubbish and shall leave the premises in a neat and clean condition. If CONTRACTOR does not attend to such cleaning immediately upon request, OWNER shall have the right to have this work done by others and deduct the cost therefore from the payment due CONTRACTOR hereunder.
Wastewater Developer shall install all required sewer lines and appurtenances. Prior to the issuance of any building permits for the Development, all sanitary sewer improvements shall be substantially completed as determined by the Town and all associated wastewater capacity fees shall be paid.
SPRINKLER SYSTEM If there now is or shall be installed in the Building a "sprinkler system", and such system or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of Tenant, Tenant's agents, servants, employees, licensees or visitors, Tenant shall forthwith restore the same to good working condition at its own expense; and if the New York Board of Fire Underwriters or the New York Fire Insurance Rating Organization or any bureau, department or official of the state or city government, shall require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of Tenant's business, or the location of the partitions, trade fixtures, or other contents of the Premises, Tenant shall, at Tenant's expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment.
Drainage ▪ Prevent silt bearing road surface and ditch runoff from delivering sediment to any streams or wetlands. ▪ Maintain rolling dips and drivable waterbars as needed to keep them functioning as intended. ▪ Maintain headwalls to the road shoulder level with material that will resist erosion. ▪ Maintain energy dissipaters at culvert outlets with non-erodible material or rock. ▪ Keep ditches, culverts, and other drainage structures clear of obstructions and functioning as intended. ▪ Inspect and clean culverts at least monthly, with additional inspections during storms and periods of high runoff. This shall be done even during periods of inactivity. Preventative Maintenance ▪ Perform preventative maintenance work to safeguard against storm damage, such as blading to ensure correct runoff, ditch and culvert cleaning, and waterbar maintenance.
Loading RPMG shall schedule the loading and shipping of all outbound corn oil purchased hereunder, but all labor and equipment necessary to load trucks and rail cars and other associated costs shall be supplied and borne by Producer without charge to RPMG. Producer shall handle the corn oil in a good and workmanlike manner in accordance with RPMG’s written requirements and normal industry practice. Producer shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards and shall visually inspect all trucks and rail cars to assure (i) cleanliness so as to avoid contamination, and (ii) that such trucks and railcars are in a condition suitable for transporting the corn oil. RPMG and RPMG’s agents shall have adequate access to the Ethanol Facility to load Producer’s corn oil on an industry standard basis that allows RPMG to economically market Producer’s corn oil. RPMG’s employees shall follow all reasonable safety rules and procedures promulgated by Producer and provided to RPMG reasonably in advance and in writing. Producer shall supply product description tags, certificates of analysis, bills of lading and/or material safety data sheets that are applicable to all shipments. In the event that Producer fails to provide the labor, equipment and facilities necessary to meet RPMG’s loading schedule, Producer shall be responsible for all costs and expenses, including without limitation actual demurrage and wait time, incurred by RPMG resulting from or arising in connection with Producer’s failure to do so.
