Maintenance Responsibilities. A. Except as to loss or damage caused by fire or other casualty insured against, or in the case of uninsured property, loss or damage resulting from windstorm, other natural casualty, or fire not resulting from negligence or fault of the Concessionaire, its agents, employees, assignee, subcontractor, sublessee, or licensee, the Concessionaire shall provide at its expense all maintenance and repairs needed to keep and maintain the whole of the Properties and appurtenances in good, rentable condition at all times during the term of this Lease and shall replace items as required under this Lease. “Good, rentable condition” is intended to mean a condition that the typical visitor would deem acceptable and equivalent to conditions found in similar facilities elsewhere. B. The Concessionaire shall, at its cost and expense, provide all routine repairs and maintenance required to preserve the buildings, structures and equipment furnished by the Department under this Lease. Such maintenance and repairs shall include, but shall not be limited to: 1. Interior maintenance of the Properties including: a. Minor plumbing, electrical, mechanical and structural repairs, involving such things as ceilings, walls, floors, fixtures, outlets, toilets, faucets, vents, electric hand dryers and other such equipment; b. Painting of the interior of the Properties as necessary and as directed by the park manager; c. Proper disposal of grease from traps and tanks; d. Professional steam cleaning of cooking ventilation hoods and ducts, including fire suppression inspections and servicing, by a qualified contractor semiannually or more often as necessary or as required and directed by the Department. The park manager should be notified of all mandated inspections and forwarded the results of all inspections when received by the Concessionaire; e. Professional steam cleaning of the dining room carpeting. 2. Lubrication of all mechanical equipment in the kitchen as per manufacturer’s recommendations; 3. Preventative maintenance and repair of all kitchen equipment in accordance with the manufacturer’s recommendations; keeping maintenance records on equipment, and providing such records to Department personnel upon request. The Concessionaire shall obtain service contracts with non-affiliated, reputable bonded companies to service and maintain all mechanical equipment where sufficient expertise is not possessed by the Concessionaire or the Concessionaire’s employees; 4. Window glass breakage replacement and inside and outside window washing of the Properties per Section 10(B)(5)(a) of this Lease; 5. Door repair and replacement; 6. Lock repair and replacement; 7. Planting, weeding and maintenance of the outdoor flower beds and landscaping; 8. Electrical wiring and plumbing necessitated by additional equipment of the Concessionaire; 9. Furnace cleaning and furnace filter replacement; 10. Air conditioner unit repair and replacement; 11. Maintenance, repair and replacement of equipment or other structures provided by the Concessionaire; 12. Repair and preventative maintenance in accordance with the manufacturer’s recommendations of equipment as enumerated on “ATTACHMENT B”. Concessionaire shall keep maintenance records on equipment and provide such records to the Department upon request; 13. Cost of major structural repairs resulting from the Concessionaire’s negligence or failure to perform required routine repairs and maintenance; 14. Pest control including, but not limited to wasps, hornets, mud daubers, and mice; 15. Exterior painting as approved by the Department; 16. Deck repair and replacement; 17. Screen replacement; 18. Surface maintenance of sidewalks, decks, and other walkways including, but not limited to snow removal and ice melting application. C. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty from the negligence or intentional act of the Concessionaire, its agents, or employees. D. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, in accordance with Section 20 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or employees. E. The Department shall, at its cost and expense provide all major repairs and maintenance required to preserve the buildings and equipment furnished by the Department under this Lease, with the exception of any damage due to negligence of the Concessionaire, the Concessionaire's employees, or the Concessionaire's agents and/or representatives. In such an event, the Concessionaire shall be responsible for all necessary repairs or replacements. The Department's responsibilities include but are not limited to: 1. Major plumbing, electrical and mechanical repairs, including rewiring and replumbing if necessary, except for any repairs necessitated by the Concessionaire’s negligence or intentional act, or the negligence or intentional act of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repairs; 2. Major structural repair, including exterior painting, the structure being defined in the structural blueprints on file in the Chief Engineer’s office of the Department, unless necessitated by the Concessionaire’s negligence or the negligence of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repair; 3. Surface maintenance of parking areas, roadways and drives; 4. Roof repairs and replacement where the roof has outlived its usefulness; 5. Parking lot lights and poles; 6. Maintenance of sidewalks, steps, railings, gutters, and downspouts; 7. Window replacement. F. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT B” and made available during the initial period of this Lease is subject to removal from service with no replacement by the Department. G. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT C”, and made available during the initial period of this Lease is transferred from the Department to the Concessionaire and will not be replaced by the Department. H. The Concessionaire shall provide written notice to the Department immediately upon discovery of deterioration of any of the Properties where repair of such deterioration is the responsibility of the Department as herein provided. I. The Concessionaire shall see that the storage of portable gasoline tanks, gasoline cans, oils and lubricants and batteries is done in accordance with State and local fire codes and regulations. Any containers used for the temporary storage of gasoline shall be spill resistant and OSHA approved and stored outside of public view. J. The Concessionaire shall be responsible for the improvement and replacement of furniture, furnishings, and equipment made necessary by wear, loss, breakage, theft, vandalism, or other cause. At all times during the term of this Lease there shall be a full inventory of all items if chattel property included in this Lease, consisting either of the original items in good rentable condition or suitable replacement items of equal value, quality and utility in good rentable condition, supplied by the Concessionaire, after prior written approval of the Department. 1. Any design, specification, selection, or purchase fees incurred by the Concessionaire in connection with the improvement or replacement of furniture, furnishings, and equipment shall be considered as a cost of operation to the Concessionaire and shall be the sole responsibility of the Concessionaire, and shall not be paid out of the MR&R Fund, unless prior written approval is obtained from the Director on a per project basis. 2. The Concessionaire shall provide detailed invoices to substantiate the quality and value of all replacements. Where the cost of items is to be paid form the MR&R Fund, the Concessionaire shall use its best efforts to obtain any available industry discounts, and in no event shall payment from the MR&R Fund be made to the Concessionaire or be made for more than an item’s cost to the Concessionaire. 3. All original and replacement items belonging to the Department shall be identified according to inventory methods established by the Department. Replacements of items owned by the Department become the property of the Department. Items being replaced that are owned by the Department become property of the Concessionaire after the replacements have received approval of the Director and inventoried by the Department, unless otherwise directed by the State’s Department of Administrative Services, State Surplus Property or unless the Department desires to keep such item(s) for use at another location. The Concessionaire shall remove any Department identification numbers from the items becoming its property, and shall tag such items as being its property. The Concessionaire shall promptly remove the replaced items from the Property. 4. Any state-owned furnishings or equipment which the Concessionaire deems in excess of his/her needs shall be turned over in satisfactory condition to the Department. The Concessionaire shall not remove any such furnishings or equipment except with the approval of the Director. The Concessionaire must receive and keep a receipt for any Department-owned furnishings or equipment temporarily removed from the Properties for repairs or service. K. The Concessionaire may, at its own option and expense, or funded from the MR&R Fund, whose conditions are hereinafter described, make structural alterations, additions and improvements provided the same are approved in advance in writing by the Director. Plans and specifications for structural improvements, alterations or modifications must be submitted to the Department with the Concessionaire’s request for approval and shall be subject to the approval of the Department. L. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, or its business customers in accordance with Section 22 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or its employees.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Maintenance Responsibilities. A. a. Except as to loss or damage caused by fire or other casualty insured against, or in the case of uninsured property, loss or damage resulting from windstorm, other natural casualty, or fire not resulting from negligence or fault of the ConcessionaireService Provider, its agents, employees, assignee, subcontractor, sublessee, or licensee, the Concessionaire Service Provider shall provide at its expense all maintenance and repairs needed to keep and maintain the whole of the Properties and appurtenances in good, rentable condition at all times during the term of this Lease Contract, and shall replace items as required under this LeaseContract. “Good, rentable condition” is intended to mean a condition that the typical visitor would deem acceptable and equivalent to conditions found in similar facilities elsewhere.
B. The b. Maintenance responsibilities of the Concessionaire shall, at its cost and expense, provide all routine repairs and maintenance required to preserve the buildings, structures and equipment furnished by the Department under this Lease. Such maintenance and repairs shall include, but shall not be limited toto the following:
1. Interior maintenance of the Properties including:
a. : - Minor plumbing, electrical, mechanical and structural repairs, involving such things as ceilings, walls, floors, fixtures, outlets, toilets, faucets, vents, electric hand dryers and other such equipment;
b. ; - Painting of the interior of the Properties as necessary and as directed by the park manager;
c. ; - Proper disposal of grease from traps and tanks;
d. ; - Professional steam cleaning of cooking ventilation hoods and ductsducts a minimum of once yearly, including fire suppression inspections and servicing, by a qualified contractor semiannually or more often as necessary or as required and directed by the Department. The ; the park manager should be notified of all mandated inspections and forwarded the results of all inspections when received by the Concessionaire;
e. . - Professional steam cleaning of the dining room carpeting.
2. Lubrication of all mechanical equipment in the kitchen as per manufacturer’s recommendations;.
3. Preventative Preventive maintenance and repair of all kitchen equipment in accordance with the manufacturer’s recommendations; keeping maintenance records on equipment, and providing such records to Department personnel upon request. The Concessionaire shall obtain service contracts with non-affiliated, reputable bonded companies to service and maintain all mechanical equipment where sufficient expertise is not possessed by the Concessionaire or the Concessionaire’s employees;.
4. Window glass breakage replacement and inside and outside window washing of the Properties per Section 10(B)(5)(a10(b)(5) of this Lease;.
5. Door repair and replacement;
6. Lock repair and replacement;
7. Planting, weeding and maintenance of the outdoor flower beds beds, and landscaping;.
86. Electrical wiring and plumbing necessitated by additional equipment of the Concessionaire;
9. Furnace cleaning and furnace filter replacement;
10. Air conditioner unit repair and replacement;
11. Maintenance, repair and replacement of equipment or other structures provided by the Concessionaire;
12. Repair and preventative maintenance in accordance with the manufacturer’s recommendations of equipment as enumerated on “ATTACHMENT B”. Concessionaire shall keep maintenance records on equipment and provide such records Notice to the Department immediately upon request;discovery of deterioration of any of the Properties where repair of such deterioration is the responsibility of the Department as hereinafter provided.
13. Cost of major structural repairs resulting from the Concessionaire’s negligence or failure to perform required routine repairs and maintenance;
14. Pest control including, but not limited to wasps, hornets, mud daubers, and mice;
15. Exterior painting as approved by the Department;
16. Deck repair and replacement;
17. Screen replacement;
187. Surface maintenance of sidewalks, decks, decks and other walkways including, but not limited to snow removal and ice melting salt application.
C. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty from the negligence or intentional act c. Maintenance responsibilities of the Concessionaire, its agents, or employees.
D. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, in accordance with Section 20 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or employees.
E. The Department shall, at its cost and expense provide all major repairs and maintenance required to preserve the buildings and equipment furnished by the Department under this Lease, with the exception of any damage due to negligence of the Concessionaire, the Concessionaire's employees, or the Concessionaire's agents and/or representatives. In such an event, the Concessionaire shall be responsible for all necessary repairs or replacements. The Department's responsibilities include but are not limited toinclude:
1. Major All major plumbing, electrical and mechanical repairs, including rewiring and replumbing re-plumbing if necessary, except for any repairs necessitated by the Concessionaire’s negligence or intentional act, or the negligence or intentional act of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repairs;
2. Major structural repair, including exterior painting, the structure being defined in the structural blueprints on file in the Chief Engineer’s office of the Department, unless necessitated by the Concessionaire’s negligence or the negligence of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repair;
3. Surface maintenance of parking areas, roadways and drives;
4. Roof repairs and replacement where the roof has outlived its usefulness;
5. Parking lot lights and polespoles (normal maintenance);
6. Maintenance of sidewalks, steps, railings, gutters, and downspouts;
7. Window replacement.
F. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT B” and made available during the initial period of this Lease is subject to removal from service with no replacement by the Department.
G. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT C”, and made available during the initial period of this Lease is transferred from the Department to the Concessionaire and will not be replaced by the Department.
H. The Concessionaire shall provide written notice to the Department immediately upon discovery of deterioration d. Upon becoming aware of any condition of the Properties where which may result in the need for major repair of such deterioration is or maintenance, the responsibility of Concessionaire shall notify the Department as herein providedpark manager.
I. The Concessionaire shall see that the storage of portable gasoline tanks, gasoline cans, oils and lubricants and batteries is done in accordance with State and local fire codes and regulations. Any containers used for the temporary storage of gasoline shall be spill resistant and OSHA approved and stored outside of public view.
J. e. The Concessionaire shall be responsible for the improvement and replacement of furniture, furnishings, and equipment made necessary by wear, loss, breakage, theft, vandalism, vandalism or other cause. At all times during the term of this Lease there shall be a full inventory of all items if chattel property included in this Lease, consisting either of the original items in good rentable condition or suitable replacement items of equal value, quality and utility in good rentable condition, supplied by the Concessionaire, after prior written approval of the Department.
1. Any design, specification, selection, or purchase fees incurred by the Concessionaire in connection with the improvement or replacement of furniture, furnishings, furnishings and equipment shall be considered as a cost of operation to the Concessionaire and shall be the sole responsibility of the Concessionaire, and shall not be paid out of the MR&R Maintenance, Repair and Replacement Fund, unless prior written approval is obtained from the Director on a per project basis.
2. The Concessionaire shall provide detailed invoices to substantiate the quality and value of all replacements. Where the cost of items is to be paid form from the MR&R Maintenance, Repair and Replacement Fund, the Concessionaire shall use its best efforts to obtain any available industry discounts, and in no event shall payment from the MR&R Fund be made to the Concessionaire or be made for more than an item’s 's cost to the Concessionaire.
3. All original and replacement items belonging to the Department shall be identified according to inventory methods established by the Department. Replacements of items owned by the Department become the property of the Department. Items The original items being replaced that are owned by become the Department become property of the Concessionaire after the replacements have received approval of the Director and inventoried by the DepartmentDirector, unless otherwise directed by the State’s 's Department of Administrative Services, State Surplus Property or unless the Department desires to keep such item(s) for use at another locationProperty. The Concessionaire shall remove any Department identification numbers from the items becoming its property, and shall tag such items as being its property. The Concessionaire shall promptly remove the replaced items from the PropertyProperties.
4. Any state-owned furnishings or equipment which the Concessionaire deems in excess of his/her his needs shall be turned over in satisfactory condition to the Department. The Concessionaire shall not remove any such furnishings or equipment except with the approval of the Director. The Concessionaire must receive and keep a receipt for any Department-owned furnishings or equipment temporarily removed from the Properties for repairs or service.
K. f. The Concessionaire may, at its own option and expense, or funded from the MR&R Maintenance, Repair and Replacement Fund, whose conditions are hereinafter described, make structural alterations, additions and improvements provided the same are approved in advance in writing by the Director. Plans and specifications for structural improvements, alterations or modifications must be submitted to the Department with the Concessionaire’s request for approval approval, and shall be subject to the approval of the Department.
L. g. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, or its business customers in accordance with Section 22 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or its employees.
Appears in 1 contract
Sources: Lease Agreement
Maintenance Responsibilities. A. Except as to loss or damage caused by fire or other casualty insured against, or in the case of uninsured property, loss or damage resulting from windstorm, other natural casualty, or fire not resulting from negligence or fault of the Concessionaire, its agents, employees, assignee, subcontractor, sublessee, or licensee, the Concessionaire shall provide at its expense all maintenance and repairs needed to keep and maintain the whole of the Properties and appurtenances in good, rentable condition at all times during the term of this Lease and shall replace items as required under this Lease. “Good, rentable condition” is intended to mean a condition that the typical visitor would deem acceptable and equivalent to conditions found in similar facilities elsewhere.
B. The Concessionaire shall, at its cost and expense, provide all routine repairs and maintenance required to preserve the buildings, structures and equipment furnished by the Department under this Lease. Such maintenance and repairs shall include, but shall not be limited to:
1. Interior painting of building(s) with prior approval of the Park Manager;
2. Exterior painting as approved by the Department;
3. Pest control, including, but not limited to wasps, hornets, mud daubers, and mice;
4. Air conditioner unit repair and replacement;
5. Furnace cleaning and furnace filter replacement;
6. Plumbing fixture maintenance, repair and replacement; this shall include all interior plumbing, the water lines serving the docks, and the winterization of such plumbing; winterization of the Properties shall be subject to the park’s inspection and approval;
7. Cleaning and maintenance of the Properties including:
a. Minor plumbing, electrical, mechanical kitchen hood and structural repairs, involving such things as ceilings, walls, floors, fixtures, outlets, toilets, faucets, vents, electric hand dryers and other such equipment;
b. Painting of the interior of the Properties as necessary and as directed by the park manager;
c. Proper disposal of grease from traps and tanks;
d. Professional steam cleaning of cooking ventilation hoods and ducts, including fire suppression inspections and servicing, exhaust duct systems by a qualified contractor semiannually or more often as necessary necessary, or as required and directed by the Director. Documentation of cleanings shall be submitted to the Department. The park manager should be notified of all mandated inspections and forwarded the results of all inspections when received by the Concessionaire;
e. Professional steam cleaning 8. Repair and replacement of the dining room carpeting.dock security gates;
29. Lubrication Water heater replacement;
10. Drain cleaning and maintenance within the confines of all mechanical equipment the concession buildings;
11. Electric and lighting fixture repair and replacement, including, but not limited to bulbs and ballasts, and the security lighting on the buildings and in the kitchen as per manufacturer’s recommendationsboat storage yard;
312. Preventative maintenance Window and repair of all kitchen equipment in accordance with the manufacturer’s recommendations; keeping maintenance records on equipment, and providing such records to Department personnel upon request. The Concessionaire shall obtain service contracts with non-affiliated, reputable bonded companies to service and maintain all mechanical equipment where sufficient expertise is not possessed by the Concessionaire or the Concessionaire’s employeesscreen replacement;
4. Window glass breakage replacement and inside and outside window washing of the Properties per Section 10(B)(5)(a) of this Lease;
513. Door repair and replacement;
614. Lock repair and replacement;
7. Planting, weeding and maintenance Routine dredging of the outdoor flower beds marina basin access channel, as indicated on Attachment A, on an annual basis, or as needed to maintain a bottom elevation of 562.2 I.G.L.D. Unless otherwise agreed to in writing by the Concessionaire and landscaping;
8the Department, the Concessionaire’s dredging responsibility shall be limited to $90,000.00 worth of dredging per year. Electrical wiring All dredge material suitable for on-shore placement shall be disposed of onshore, east of the marina basin access channel at the spending beach east of Cowell’s Creek, according to the plan provided by the Division of Parks and plumbing necessitated by additional equipment Watercraft. Dredge permits, if required, and Corps of Engineers notification of dredging shall be the responsibility of the Concessionaire;
915. Furnace cleaning and furnace filter replacement;
10. Air conditioner unit repair and replacement;
11. MaintenanceAll maintenance, repair and replacement winterization of equipment or other structures provided the boat docks; after the last season of operation under this Lease, the dock winterization shall be completed by the Concessionaire;expiration date of this Lease.
1216. Replacement of the boat docks when directed by the Department.
17. Repair and preventative maintenance in accordance with replacement of gasoline pumps and dispensers when necessitated by age or other cause; the manufacturer’s recommendations of equipment as enumerated on “ATTACHMENT B”. Concessionaire shall keep maintenance records monitor and record gas pump readings on equipment a daily basis, and provide shall make such records available to the Department upon request;
1318. Gas pump calibration and maintenance of above ground storage tank monitoring systems;
19. Repair and replacement of state-supplied equipment as enumerated in
20. Notice to the Department immediately upon discovery of deterioration of any of the Properties where repair of such deterioration is the responsibility of the Department as hereafter provided;
21. Cost of major structural repairs resulting from the Concessionaire’s negligence or failure to perform required routine repairs and maintenance;
14. Pest control including, but not limited to wasps, hornets, mud daubers, and mice;
15. Exterior painting as approved by the Department;
16. Deck repair and replacement;
17. Screen replacement;
18. Surface maintenance of sidewalks, decks, and other walkways including, but not limited to snow removal and ice melting application.
C. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty from the negligence or intentional act of the Concessionaire, its agents, or employees.
D. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, in accordance with Section 20 22 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents agents, or employees.
E. The Department shall, at its cost and expense provide all major repairs and maintenance required to preserve the buildings and equipment furnished by the Department under this Lease, with the exception of any damage due to negligence of the Concessionaire, the Concessionaire's employees, or the Concessionaire's agents and/or representatives. In such an event, the Concessionaire shall be responsible for all necessary repairs or replacements. The Department's responsibilities include but are not limited to:
1. Major plumbing, electrical and mechanical repairs, including rewiring and replumbing if necessary, except for any repairs necessitated by the Concessionaire’s negligence or intentional act, or the negligence or intentional act of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repairsstructural repair;
2. Major structural repairSurface maintenance of public parking areas, including exterior paintingroadways, the structure being defined in the structural blueprints on file in the Chief Engineer’s office of the Departmentlaunch ramps, unless necessitated by the Concessionaire’s negligence or the negligence of the Concessionaire’s employees or agentsdrives, in which case the Concessionaire shall be solely responsible for total cost of repairand walkways;
3. Surface maintenance of parking areas, roadways and drives;
4. Roof repairs and replacement where the roof has outlived its usefulness;
5. Parking lot lights and poles;
6. Maintenance of sidewalks, steps, railings, gutters, and downspouts;
7. Window replacement.
F. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT B” and made available during the initial period of this Lease is subject to removal from service with no replacement by the Department.
G. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT C”, and made available during the initial period of this Lease is transferred from the Department to the Concessionaire and will not be replaced by the Department.
H. The Concessionaire shall provide written notice to the Department immediately upon discovery of deterioration of any of the Properties where repair of such deterioration is the responsibility of the Department as herein provided.
I. The Concessionaire shall see that the storage of portable gasoline tanks, gasoline cans, oils and lubricants and batteries is done in accordance with State and local fire codes and regulations. Any containers used for the temporary storage of gasoline shall be spill resistant and OSHA approved and stored outside of public view.
J. The Concessionaire shall be responsible for the improvement and replacement of furniture, furnishings, and equipment made necessary by wear, loss, breakage, theft, vandalism, or other cause. At all times during the term of this Lease there shall be a full inventory of all items if chattel property included in this Lease, consisting either of the original items in good rentable condition or suitable replacement items of equal value, quality and utility in good rentable condition, supplied by the Concessionaire, after prior written approval of the Department.
1. Any design, specification, selection, or purchase fees incurred by the Concessionaire in connection with the improvement or replacement of furniture, furnishings, and equipment shall be considered as a cost of operation to the Concessionaire and shall be the sole responsibility of the Concessionaire, and shall not be paid out of the MR&R Fund, unless prior written approval is obtained from the Director on a per project basis.
2. The Concessionaire shall provide detailed invoices to substantiate the quality and value of all replacements. Where the cost of items is to be paid form the MR&R Fund, the Concessionaire shall use its best efforts to obtain any available industry discounts, and in no event shall payment from the MR&R Fund be made to the Concessionaire or be made for more than an item’s cost to the Concessionaire.
3. All original and replacement items belonging to the Department shall be identified according to inventory methods established by the Department. Replacements of items owned by the Department become the property of the Department. Items being replaced that are owned by the Department become property of the Concessionaire after the replacements have received approval of the Director and inventoried by the Department, unless otherwise directed by the State’s Department of Administrative Services, State Surplus Property or unless the Department desires to keep such item(s) for use at another location. The Concessionaire shall remove any Department identification numbers from the items becoming its property, and shall tag such items as being its property. The Concessionaire shall promptly remove the replaced items from the Property.
4. Any state-owned furnishings or equipment which the Concessionaire deems Mowing in excess of his/her needs shall be turned over in satisfactory condition to the Department. The Concessionaire shall not remove any such furnishings or equipment except with the approval of the Director. The Concessionaire must receive and keep areas accessible by a receipt for any Department-owned furnishings or equipment temporarily removed from the Properties for repairs or serviceriding mower.
K. The Concessionaire may, at its own option and expense, or funded from the MR&R Fund, whose conditions are hereinafter described, make structural alterations, additions and improvements provided the same are approved in advance in writing by the Director. Plans and specifications for structural improvements, alterations or modifications must be submitted to the Department with the Concessionaire’s request for approval and shall be subject to the approval of the Department.
L. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, or its business customers in accordance with Section 22 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or its employees.
Appears in 1 contract
Sources: Lease to Operate a Marina Concession
Maintenance Responsibilities. A. Except as to loss or damage caused by fire or other casualty insured against, or in the case of uninsured property, loss or damage resulting from windstorm, other natural casualty, or fire not resulting from negligence or fault of the Concessionaire, its agents, employees, assignee, subcontractor, sublessee, or licensee, the Concessionaire shall provide at its expense all maintenance and repairs needed to keep and maintain the whole of the Properties and appurtenances in good, rentable condition at all times during the term of this Lease and shall replace items as required under this Lease. “Good, rentable condition” is intended to mean a condition that the typical visitor would deem acceptable and equivalent to conditions found in similar facilities elsewhere.
B. The Concessionaire shall, at its cost and expense, provide all routine repairs and maintenance required to preserve the buildings, structures and equipment furnished by the Department under this Lease. Such maintenance and repairs shall include, but shall not be limited to:
1. Interior maintenance painting of the Properties including:
a. Minor plumbing, electrical, mechanical and structural repairs, involving such things as ceilings, walls, floors, fixtures, outlets, toilets, faucets, vents, electric hand dryers and other such equipment;
b. Painting building with prior approval of the interior of the Properties as necessary and as directed by the park manager;
c. Proper disposal of grease from traps 2. Drain cleaning and tanks;
d. Professional steam cleaning of cooking ventilation hoods and ducts, including fire suppression inspections and servicing, by a qualified contractor semiannually or more often as necessary or as required and directed by maintenance within the Department. The park manager should be notified of all mandated inspections and forwarded the results of all inspections when received by the Concessionaire;
e. Professional steam cleaning confines of the dining room carpeting.
2. Lubrication of all mechanical equipment in the kitchen as per manufacturer’s recommendationsconcession buildings;
3. Preventative maintenance Plumbing fixture repair and repair of all kitchen equipment in accordance with replacement, including the manufacturer’s recommendations; keeping maintenance records on equipment, and providing such records to Department personnel upon request. The Concessionaire shall obtain service contracts with non-affiliated, reputable bonded companies to service and maintain all mechanical equipment where sufficient expertise is not possessed by the Concessionaire or the Concessionaire’s employeeswater heater(s);
4. Window glass breakage replacement Lighting fixture repair and inside replacement, including bulbs and outside window washing of security lighting on the Properties per Section 10(B)(5)(a) of this Leasebuilding, if applicable;
5. Window and screen replacement;
6. Door repair and replacement;
67. Lock repair and replacement;
7. Planting, weeding and maintenance of the outdoor flower beds and landscaping;
8. Electrical wiring and plumbing necessitated by additional equipment of the Concessionaire;
9. Furnace cleaning and furnace filter replacement;
10. Air conditioner unit repair and replacement;
11. Maintenance, repair and replacement of equipment or other structures provided by the Concessionaire;
12. Repair and preventative maintenance in accordance with the manufacturer’s recommendations replacement of equipment as enumerated on “ATTACHMENT Attachment B”. Concessionaire shall keep maintenance records on equipment and provide such records to the Department upon request;
13. Cost of major structural repairs resulting from the Concessionaire’s negligence or failure to perform required routine repairs and maintenance;
14. Pest control including, but not limited to wasps, hornets, mud daubers, and mice;
15. Exterior painting as approved by the Department;
16. Deck repair and replacement;
17. Screen replacement;
18. Surface maintenance of sidewalks, decks, and other walkways including, but not limited to snow removal and ice melting application.
C. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty from the negligence or intentional act of the Concessionaire, its agents, or employees.
D. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, in accordance with Section 20 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or employees.
E. D. The Department Concessionaire shall, at its cost and expense provide all major repairs and maintenance required to preserve the buildings and equipment furnished by the Department under this Lease, with the exception of any damage due to negligence of the Concessionaire, the Concessionaire's employees, or the Concessionaire's agents and/or representatives. In such an event, the Concessionaire shall be responsible for all necessary repairs or replacements. The Department's Concessionaire’s responsibilities include but are not limited to:
1. Major plumbing, electrical and mechanical repairs, including rewiring and replumbing if necessary, except for any repairs necessitated by the Concessionaire’s negligence or intentional act, or the negligence or intentional act of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repairsstructural repair;
2. Major structural repair, including exterior painting, the structure being defined in the structural blueprints on file in the Chief Engineer’s office of the Department, unless necessitated by the Concessionaire’s negligence or the negligence of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repair;
3. Surface maintenance of parking areas, roadways and drives;
4. Roof repairs and replacement where the roof has outlived its usefulness;
5. Parking lot lights and poles;
6. Maintenance of sidewalks, steps, railings, roofs, gutters, and downspouts;
7. Window replacement.
F. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT B” and made available during the initial period of this Lease is subject to removal from service with no replacement by the Department.
G. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT C”, and made available during the initial period of this Lease is transferred from the Department to the Concessionaire and will not be replaced by the Department.
H. The Concessionaire shall provide written notice to the Department immediately upon discovery of deterioration of any of the Properties where repair of such deterioration is the responsibility of the Department as herein provided.
I. The Concessionaire shall see that the storage of portable gasoline tanks, gasoline cans, oils and lubricants and batteries is done in accordance with State and local fire codes and regulations. Any containers used for the temporary storage of gasoline shall be spill resistant and OSHA approved and stored outside of public view.
J. The Concessionaire shall be responsible for the improvement and replacement of furniture, furnishings, and equipment made necessary by wear, loss, breakage, theft, vandalism, or other cause. At all times during the term of this Lease there shall be a full inventory of all items if chattel property included in this Lease, consisting either of the original items in good rentable condition or suitable replacement items of equal value, quality and utility in good rentable condition, supplied by the Concessionaire, after prior written approval of the Department.
1. Any design, specification, selection, or purchase fees incurred by the Concessionaire in connection with the improvement or replacement of furniture, furnishings, and equipment shall be considered as a cost of operation to the Concessionaire and shall be the sole responsibility of the Concessionaire, and shall not be paid out of the MR&R Fund, unless prior written approval is obtained from the Director on a per project basis.
2. The Concessionaire shall provide detailed invoices to substantiate the quality and value of all replacements. Where the cost of items is to be paid form the MR&R Fund, the Concessionaire shall use its best efforts to obtain any available industry discounts, and in no event shall payment from the MR&R Fund be made to the Concessionaire or be made for more than an item’s cost to the Concessionaire.
3. All original and replacement items belonging to the Department shall be identified according to inventory methods established by the Department. Replacements of items owned by the Department become the property of the Department. Items being replaced that are owned by the Department become property of the Concessionaire after the replacements have received approval of the Director and inventoried by the Department, unless otherwise directed by the State’s Department of Administrative Services, State Surplus Property or unless the Department desires to keep such item(s) for use at another location. The Concessionaire shall remove any Department identification numbers from the items becoming its property, and shall tag such items as being its property. The Concessionaire shall promptly remove the replaced items from the Property.
4. Any state-owned furnishings or equipment which the Concessionaire deems in excess of his/her needs shall be turned over in satisfactory condition to the Department. The Concessionaire shall not remove any such furnishings or equipment except with the approval of the Director. The Concessionaire must receive and keep a receipt for any Department-owned furnishings or equipment temporarily removed from the Properties for repairs or service.
K. The Concessionaire may, at its own option and expense, or funded from the MR&R Fund, whose conditions are hereinafter described, make structural alterations, additions and improvements provided the same are approved in advance in writing by the Director. Plans and specifications for structural improvements, alterations or modifications must be submitted to the Department with the Concessionaire’s request for approval and shall be subject to the approval of the Department.
L. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, or its business customers in accordance with Section 22 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or its employees.
Appears in 1 contract
Sources: Lease Agreement
Maintenance Responsibilities. A. Except as to loss or damage caused by fire or other casualty insured against, or in the case of uninsured property, loss or damage resulting from windstorm, other natural casualty, or fire not resulting from negligence or fault of the Concessionaire, its agents, employees, assignee, subcontractor, sublessee, or licensee, the Concessionaire shall provide at its expense all maintenance and repairs needed to keep and maintain the whole of the Properties and appurtenances in good, rentable condition at all times during the term of this Lease and shall replace items as required under this Lease. “Good, rentable condition” is intended to mean a condition that the typical visitor would deem acceptable and equivalent to conditions found in similar facilities elsewhere.
B. The Concessionaire shall, at its cost and expense, provide all routine repairs and maintenance required to preserve the buildings, structures and equipment furnished by the Department under this Lease. Such maintenance and repairs shall include, but shall not be limited to:
1. Interior maintenance painting of building(s) with prior approval of the Properties including:
a. Minor plumbing, electrical, mechanical and structural repairs, involving such things as ceilings, walls, floors, fixtures, outlets, toilets, faucets, vents, electric hand dryers and other such equipmentPark Manager;
b. Painting of the interior of the Properties 2. Exterior painting as necessary and as directed by the park manager;
c. Proper disposal of grease from traps and tanks;
d. Professional steam cleaning of cooking ventilation hoods and ducts, including fire suppression inspections and servicing, by a qualified contractor semiannually or more often as necessary or as required and directed approved by the Department. The park manager should be notified of all mandated inspections and forwarded the results of all inspections when received by the Concessionaire;
e. Professional steam cleaning of the dining room carpeting.
2. Lubrication of all mechanical equipment in the kitchen as per manufacturer’s recommendations;
3. Preventative maintenance Plumbing fixture repair and repair of all kitchen equipment in accordance with the manufacturer’s recommendations; keeping maintenance records on equipmentreplacement, and providing such records to Department personnel upon request. The Concessionaire shall obtain service contracts with non-affiliated, reputable bonded companies to service and maintain all mechanical equipment where sufficient expertise is not possessed by the Concessionaire or the Concessionaire’s employeesincluding water heater(s);
4. Window glass breakage replacement Light fixture repair and inside replacement, including bulbs and outside window washing of security lighting on the Properties per Section 10(B)(5)(a) of this Leasebuilding, if applicable;
5. Door repair and replacement;
6. Lock repair and replacement;
7. Planting, weeding and maintenance of the outdoor flower beds and landscaping;
8. Electrical wiring and plumbing necessitated by additional equipment of the Concessionaire;
98. Furnace cleaning cleaning, maintenance, and furnace filter replacement;
109. Air conditioner unit repair and replacement;
10. Carpet cleaning, maintenance and replacement;
11. Pest control, including, but not limited to wasps, hornets, mud daubers, and mice;
12. Repair and Replacement of equipment as enumerated in ATTACHMENT B;
13. Maintenance, repair and replacement of equipment or other structures provided by the Concessionaire, including but not limited to boat docks;
1214. Cleaning and maintenance of the kitchen hood and ventilation exhaust duct systems by a qualified contractor semiannually or more often as necessary, or as directed by the Director. Documentation of cleanings shall be submitted to the Department;
15. Drain cleaning and maintenance within the confines of the concession buildings;
16. Repair of gasoline dispensers when necessitated by age or other cause;
17. Repair and preventative maintenance in accordance with replacement of gasoline pumps and dispensers when necessitated by age or other cause; the manufacturer’s recommendations of equipment as enumerated on “ATTACHMENT B”. Concessionaire shall keep maintenance records monitor and record gas pump readings on equipment a daily basis, and provide shall make such records available to the Department upon request;
1318. Gas pump calibration and maintenance of above ground storage tank monitoring systems;
19. Notice to the Department immediately upon discovery of deterioration of any of the Properties where repair of such deterioration is the responsibility of the Department as hereafter provided; and
20. Cost of major structural repairs resulting from the Concessionaire’s negligence or failure to perform required routine repairs and maintenance;
14. Pest control including, but not limited to wasps, hornets, mud daubers, and mice;
15. Exterior painting as approved by the Department;
16. Deck repair and replacement;
17. Screen replacement;
18. Surface maintenance of sidewalks, decks, and other walkways including, but not limited to snow removal and ice melting application.
C. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty from the negligence or intentional act of the Concessionaire, its agents, or employees.
D. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, in accordance with Section 20 24 of this Lease. The Concessionaire shall be responsible for all rebuilding, rebuilding and restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents agents, or employees.
E. The Department shall, at its cost and expense provide all major repairs and maintenance required to preserve the buildings and equipment furnished by the Department under this Lease, with the exception of any damage due to negligence of the Concessionaire, the Concessionaire's employees, or the Concessionaire's agents and/or representatives. In such an event, the Concessionaire shall be responsible for all necessary repairs or replacements. The Department's responsibilities include but are not limited to:
1. Major plumbing, electrical and mechanical repairs, including rewiring and replumbing if necessary, except for any repairs necessitated by the Concessionaire’s negligence or intentional act, or the negligence or intentional act of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repairsstructural repair;
2. Major structural repair, including exterior painting, the structure being defined in the structural blueprints on file in the Chief Engineer’s office of the Department, unless necessitated by the Concessionaire’s negligence or the negligence of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repairplumbing repair and replacement;
3. Surface maintenance of parking areas, roadways and drives;
4. Roof repairs and replacement where the roof has outlived its usefulness;
5. Parking lot lights and poles;
6. Maintenance of sidewalks, steps, railings, gutters, and downspouts;
7. Window replacement.
F. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT B” and made available during the initial period of this Lease is subject to removal from service with no replacement by the Department.
G. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT C”, and made available during the initial period of this Lease is transferred from the Department to the Concessionaire and will not be replaced by the Department.
H. The Concessionaire shall provide written notice to the Department immediately upon discovery of deterioration of any of the Properties where repair of such deterioration is the responsibility of the Department as herein provided.
I. The Concessionaire shall see that the storage of portable gasoline tanks, gasoline cans, oils and lubricants and batteries is done in accordance with State and local fire codes and regulations. Any containers used for the temporary storage of gasoline shall be spill resistant and OSHA approved and stored outside of public view.
J. The Concessionaire shall be responsible for the improvement and replacement of furniture, furnishings, and equipment made necessary by wear, loss, breakage, theft, vandalism, or other cause. At all times during the term of this Lease there shall be a full inventory of all items if chattel property included in this Lease, consisting either of the original items in good rentable condition or suitable replacement items of equal value, quality and utility in good rentable condition, supplied by the Concessionaire, after prior written approval of the Department.
1. Any design, specification, selection, or purchase fees incurred by the Concessionaire in connection with the improvement or replacement of furniture, furnishings, and equipment shall be considered as a cost of operation to the Concessionaire and shall be the sole responsibility of the Concessionaire, and shall not be paid out of the MR&R Fund, unless prior written approval is obtained from the Director on a per project basis.
2. The Concessionaire shall provide detailed invoices to substantiate the quality and value of all replacements. Where the cost of items is to be paid form the MR&R Fund, the Concessionaire shall use its best efforts to obtain any available industry discounts, and in no event shall payment from the MR&R Fund be made to the Concessionaire or be made for more than an item’s cost to the Concessionaire.
3. All original and replacement items belonging to the Department shall be identified according to inventory methods established by the Department. Replacements of items owned by the Department become the property of the Department. Items being replaced that are owned by the Department become property of the Concessionaire after the replacements have received approval of the Director and inventoried by the Department, unless otherwise directed by the State’s Department of Administrative Services, State Surplus Property or unless the Department desires to keep such item(s) for use at another location. The Concessionaire shall remove any Department identification numbers from the items becoming its property, and shall tag such items as being its property. The Concessionaire shall promptly remove the replaced items from the Property.
4. Any state-owned furnishings or equipment which the Concessionaire deems in excess of his/her needs shall be turned over in satisfactory condition to the Department. The Concessionaire shall not remove any such furnishings or equipment except with the approval of the Director. The Concessionaire must receive and keep a receipt for any Department-owned furnishings or equipment temporarily removed from the Properties for repairs or service.
K. The Concessionaire may, at its own option and expense, or funded from the MR&R Fund, whose conditions are hereinafter described, make structural alterations, additions and improvements provided the same are approved in advance in writing by the Director. Plans and specifications for structural improvements, alterations or modifications must be submitted to the Department with the Concessionaire’s request for approval and shall be subject to the approval of the Department.
L. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, or its business customers in accordance with Section 22 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or its employees.
Appears in 1 contract
Sources: Lease to Operate a Marina Concession
Maintenance Responsibilities. A. a. Except as to loss or damage caused by fire or other casualty insured against, or in the case of uninsured property, loss or damage resulting from windstorm, other natural casualty, or fire not resulting from negligence or fault of the ConcessionaireService Provider, its agents, employees, assignee, subcontractor, sublessee, or licensee, the Concessionaire Service Provider shall provide at its expense all maintenance and repairs needed to keep and maintain the whole of the Properties and appurtenances in good, rentable condition at all times during the term of this Lease Contract, and shall replace items as required under this LeaseContract. “Good, rentable condition” is intended to mean a condition that the typical visitor would deem acceptable and equivalent to conditions found in similar facilities elsewhere.
B. b. The Concessionaire shall, at its sole cost and expense, provide all routine maintenance and repairs and maintenance required to preserve the buildings, structures and equipment buildings furnished by the Department under this Lease. Such routine maintenance and repairs shall include, but shall not be limited to:
1. Interior maintenance interior painting of the Properties including:
a. Minor plumbing, electrical, mechanical and structural repairs, involving such things as ceilings, walls, floors, fixtures, outlets, toilets, faucets, vents, electric hand dryers and other such equipment;
b. Painting building with prior approval of the interior of the Properties as necessary and as directed by the park manager;
c. Proper disposal 2. drain cleaning and maintenance within the confines of grease from traps the concession buildings
3. plumbing fixture repair and tanks;replacement; this shall include all interior plumbing and winterization of the Properties
d. Professional steam cleaning of cooking ventilation hoods 4. lighting fixture repair and ductsreplacement, including fire suppression inspections bulbs 5. window and servicing, by a qualified contractor semiannually screen replacement
5. door repair and replacement
6. lock repair and replacement
7. hood and ventilation system cleaning and inspection on an annual basis or more often as necessary or as if required and directed by the DepartmentDepartment or by the Concessionaire’s insurance carrier. The park manager should Park Manager shall be notified of all mandated inspections and forwarded the results of all inspections when received by the Concessionaire;
e. Professional steam cleaning of the dining room carpeting.
2. Lubrication of all mechanical equipment in the kitchen as per manufacturer’s recommendations;
3. Preventative maintenance and repair of all kitchen equipment in accordance with the manufacturer’s recommendations; keeping maintenance records on equipment, and providing such records to Department personnel upon request. The Concessionaire shall obtain service contracts with non-affiliated, reputable bonded companies to service and maintain all mechanical equipment where sufficient expertise is not possessed by the Concessionaire or the Concessionaire’s employees;
4. Window glass breakage replacement and inside and outside window washing of the Properties per Section 10(B)(5)(a) of this Lease;
5. Door repair and replacement;
6. Lock repair and replacement;
7. Planting, weeding and maintenance of the outdoor flower beds and landscaping;
8. Electrical electrical wiring and plumbing necessitated by additional equipment of the Concessionaire;
9. Furnace furnace cleaning and furnace filter replacement;, if applicable
10. Air conditioner unit repair routine maintenance of rental boat docks, including bumper replacement, cleat replacement, and replacement;the replacement of damaged or broken plank boards
11. Maintenance, repair and replacement of equipment the gasoline pumps and dispensers when necessitated by age or other structures provided by the Concessionaire;cause
12. Repair repair and preventative maintenance in accordance with the manufacturer’s recommendations replacement of state-owned equipment as enumerated on “ATTACHMENT B”. Concessionaire shall keep maintenance records on equipment and provide such records to the Department upon request;
Attachment B 13. Cost cost of major structural repairs resulting from the Concessionaire’s negligence or failure to perform required routine repairs and maintenance;
14. Pest control including, but not limited to wasps, hornets, mud daubers, and mice;
15. Exterior painting as approved by the Department;
16. Deck repair and replacement;
17. Screen replacement;
18. Surface maintenance of sidewalks, decks, and other walkways including, but not limited to snow removal and ice melting application.
C. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty from the negligence or intentional act of the Concessionaire, its agents, or employees.
D. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, in accordance with Section 20 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or employees.
E. The Department shall, at its cost and expense provide all major repairs and maintenance required to preserve the buildings and equipment furnished by the Department under this Lease, with the exception of any damage due to negligence of the Concessionaire, the Concessionaire's employees, or the Concessionaire's agents and/or representatives. In such an event, the Concessionaire shall be responsible for all necessary repairs or replacements. The Department's responsibilities include but are not limited to:
1. Major plumbing, electrical and mechanical repairs, including rewiring and replumbing if necessary, except for any repairs necessitated by the Concessionaire’s negligence or intentional act, or the negligence or intentional act of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repairs;
2. Major structural repair, including exterior painting, the structure being defined in the structural blueprints on file in the Chief Engineer’s office of the Department, unless necessitated by the Concessionaire’s negligence or the negligence of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repair;
3. Surface maintenance of parking areas, roadways and drives;
4. Roof repairs and replacement where the roof has outlived its usefulness;
5. Parking lot lights and poles;
6. Maintenance of sidewalks, steps, railings, gutters, and downspouts;
7. Window replacement.
F. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT B” and made available during the initial period of this Lease is subject to removal from service with no replacement by the Department.
G. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT C”, and made available during the initial period of this Lease is transferred from the Department to the Concessionaire and will not be replaced by the Department.
H. The Concessionaire shall provide written notice to the Department immediately upon discovery of deterioration of any of the Properties where repair of such deterioration is the responsibility of the Department as herein provided.
I. The Concessionaire shall see that the storage of portable gasoline tanks, gasoline cans, oils and lubricants and batteries is done in accordance with State and local fire codes and regulations. Any containers used for the temporary storage of gasoline shall be spill resistant and OSHA approved and stored outside of public view.
J. The Concessionaire shall be responsible for the improvement and replacement of furniture, furnishings, and equipment made necessary by wear, loss, breakage, theft, vandalism, or other cause. At all times during the term of this Lease there shall be a full inventory of all items if chattel property included in this Lease, consisting either of the original items in good rentable condition or suitable replacement items of equal value, quality and utility in good rentable condition, supplied by the Concessionaire, after prior written approval of the Department.
1. Any design, specification, selection, or purchase fees incurred by the Concessionaire in connection with the improvement or replacement of furniture, furnishings, and equipment shall be considered as a cost of operation to the Concessionaire and shall be the sole responsibility of the Concessionaire, and shall not be paid out of the MR&R Fund, unless prior written approval is obtained from the Director on a per project basis.
2. The Concessionaire shall provide detailed invoices to substantiate the quality and value of all replacements. Where the cost of items is to be paid form the MR&R Fund, the Concessionaire shall use its best efforts to obtain any available industry discounts, and in no event shall payment from the MR&R Fund be made to the Concessionaire or be made for more than an item’s cost to the Concessionaire.
3. All original and replacement items belonging to the Department shall be identified according to inventory methods established by the Department. Replacements of items owned by the Department become the property of the Department. Items being replaced that are owned by the Department become property of the Concessionaire after the replacements have received approval of the Director and inventoried by the Department, unless otherwise directed by the State’s Department of Administrative Services, State Surplus Property or unless the Department desires to keep such item(s) for use at another location. The Concessionaire shall remove any Department identification numbers from the items becoming its property, and shall tag such items as being its property. The Concessionaire shall promptly remove the replaced items from the Property.
4. Any state-owned furnishings or equipment which the Concessionaire deems in excess of his/her needs shall be turned over in satisfactory condition to the Department. The Concessionaire shall not remove any such furnishings or equipment except with the approval of the Director. The Concessionaire must receive and keep a receipt for any Department-owned furnishings or equipment temporarily removed from the Properties for repairs or service.
K. The Concessionaire may, at its own option and expense, or funded from the MR&R Fund, whose conditions are hereinafter described, make structural alterations, additions and improvements provided the same are approved in advance in writing by the Director. Plans and specifications for structural improvements, alterations or modifications must be submitted to the Department with the Concessionaire’s request for approval and shall be subject to the approval of the Department.
L. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, or its business customers in accordance with Section 22 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or its employees.
Appears in 1 contract
Sources: Lease Agreement
Maintenance Responsibilities. A. Except as to loss or damage caused by fire or other casualty insured against, or in the case of uninsured property, loss or damage resulting from windstorm, other natural casualty, or fire not resulting from negligence or fault of the Concessionaire, its agents, employees, assignee, subcontractor, sublessee, or licensee, the Concessionaire shall provide at its expense all maintenance and repairs needed to keep and maintain the whole of the Properties and appurtenances in good, rentable condition at all times during the term of this Lease and shall replace items as required under this Lease. “Good, rentable condition” is intended to mean a condition that the typical visitor would deem acceptable and equivalent to conditions found in similar facilities elsewhere.
B. The Concessionaire shall, at its cost and expense, provide all routine repairs and maintenance required to preserve the buildings, structures and equipment furnished by the Department under this Lease. Such maintenance and repairs shall include, but shall not be limited to:
1. Interior maintenance painting of the Properties including:
a. Minor plumbing, electrical, mechanical and structural repairs, involving such things as ceilings, walls, floors, fixtures, outlets, toilets, faucets, vents, electric hand dryers and other such equipment;
b. Painting building with prior approval of the interior of the Properties as necessary and as directed by the park manager;
c. Proper disposal of grease from traps 2. Drain cleaning and tanks;
d. Professional steam cleaning of cooking ventilation hoods and ducts, including fire suppression inspections and servicing, by a qualified contractor semiannually or more often as necessary or as required and directed by maintenance within the Department. The park manager should be notified of all mandated inspections and forwarded the results of all inspections when received by the Concessionaire;
e. Professional steam cleaning confines of the dining room carpeting.
2. Lubrication of all mechanical equipment in the kitchen as per manufacturer’s recommendationsconcession buildings;
3. Preventative maintenance Plumbing fixture repair and repair of all kitchen equipment in accordance with replacement, including the manufacturer’s recommendations; keeping maintenance records on equipment, and providing such records to Department personnel upon request. The Concessionaire shall obtain service contracts with non-affiliated, reputable bonded companies to service and maintain all mechanical equipment where sufficient expertise is not possessed by the Concessionaire or the Concessionaire’s employeeswater heater(s);
4. Window glass breakage replacement Lighting fixture repair and inside replacement, including bulbs and outside window washing of security lighting on the Properties per Section 10(B)(5)(a) of this Leasebuilding, if applicable;
5. Window and screen replacement;
6. Door repair and replacement;
67. Lock repair and replacement;
7. Planting, weeding and maintenance of the outdoor flower beds and landscaping;
8. Electrical wiring and plumbing necessitated by additional equipment of the Concessionaire;
9. Furnace cleaning and furnace filter replacement;
10. Air conditioner unit repair and replacement;
11. Maintenance, repair and replacement of equipment or other structures provided by the Concessionaire;
12. Repair and preventative maintenance in accordance with the manufacturer’s recommendations replacement of equipment as enumerated on “ATTACHMENT Attachment B”. Concessionaire shall keep maintenance records on equipment and provide such records to the Department upon request;
13. Cost of major structural repairs resulting from the Concessionaire’s negligence or failure to perform required routine repairs and maintenance;
14. Pest control including, but not limited to wasps, hornets, mud daubers, and mice;
15. Routine maintenance boat docks included in the Properties, including but not limited to bumper replacement and cleat replacement;
16. Repair of the gasoline dispensers when necessitated by age or other cause; and
17. Exterior painting as approved by the Department;
16. Deck repair and replacement;
17. Screen replacement;
18. Surface maintenance of sidewalks, decks, and other walkways including, but not limited to snow removal and ice melting application.
C. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty from the negligence or intentional act of the Concessionaire, its agents, or employees.
D. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, in accordance with Section 20 19 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or employees.
E. The Department shall, at its cost and expense provide all major repairs and maintenance required to preserve the buildings and equipment furnished by the Department under this Lease, with the exception of any damage due to negligence of the Concessionaire, the Concessionaire's employees, or the Concessionaire's agents and/or representatives. In such an event, the Concessionaire shall be responsible for all necessary repairs or replacements. The Department's responsibilities include but are not limited to:
1. Major plumbing, electrical and mechanical repairs, including rewiring and replumbing if necessary, except for any repairs necessitated by the Concessionaire’s negligence or intentional act, or the negligence or intentional act of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repairsstructural repair;
2. Major structural repair, including exterior painting, the structure being defined in the structural blueprints on file in the Chief Engineer’s office of the Department, unless necessitated by the Concessionaire’s negligence or the negligence of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repair;
3. Surface maintenance of parking areas, roadways and drives;
4. Roof repairs and replacement where the roof has outlived its usefulness;
5. Parking lot lights and poles;
6. Maintenance of sidewalks, steps, railings, roofs, gutters, and downspouts;
7. Window replacement.
F. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT B” and made available during the initial period of this Lease is subject to removal from service with no replacement by the Department.
G. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT C”, and made available during the initial period of this Lease is transferred from the Department to the Concessionaire and will not be replaced by the Department.
H. The Concessionaire shall provide written notice to the Department immediately upon discovery of deterioration of any of the Properties where repair of such deterioration is the responsibility of the Department as herein provided.
I. The Concessionaire shall see that the storage of portable gasoline tanks, gasoline cans, oils and lubricants and batteries is done in accordance with State and local fire codes and regulations. Any containers used for the temporary storage of gasoline shall be spill resistant and OSHA approved and stored outside of public view.
J. The Concessionaire shall be responsible for the improvement and replacement of furniture, furnishings, and equipment made necessary by wear, loss, breakage, theft, vandalism, or other cause. At all times during the term of this Lease there shall be a full inventory of all items if chattel property included in this Lease, consisting either of the original items in good rentable condition or suitable replacement items of equal value, quality and utility in good rentable condition, supplied by the Concessionaire, after prior written approval of the Department.
1. Any design, specification, selection, or purchase fees incurred by the Concessionaire in connection with the improvement or replacement of furniture, furnishings, and equipment shall be considered as a cost of operation to the Concessionaire and shall be the sole responsibility of the Concessionaire, and shall not be paid out of the MR&R Fund, unless prior written approval is obtained from the Director on a per project basis.
2. The Concessionaire shall provide detailed invoices to substantiate the quality and value of all replacements. Where the cost of items is to be paid form the MR&R Fund, the Concessionaire shall use its best efforts to obtain any available industry discounts, and in no event shall payment from the MR&R Fund be made to the Concessionaire or be made for more than an item’s cost to the Concessionaire.
3. All original and replacement items belonging to the Department shall be identified according to inventory methods established by the Department. Replacements of items owned by the Department become the property of the Department. Items being replaced that are owned by the Department become property of the Concessionaire after the replacements have received approval of the Director and inventoried by the Department, unless otherwise directed by the State’s Department of Administrative Services, State Surplus Property or unless the Department desires to keep such item(s) for use at another location. The Concessionaire shall remove any Department identification numbers from the items becoming its property, and shall tag such items as being its property. The Concessionaire shall promptly remove the replaced items from the Property.
4. Any state-owned furnishings or equipment which the Concessionaire deems in excess of his/her needs shall be turned over in satisfactory condition to the Department. The Concessionaire shall not remove any such furnishings or equipment except with the approval of the Director. The Concessionaire must receive and keep a receipt for any Department-owned furnishings or equipment temporarily removed from the Properties for repairs or service.
K. The Concessionaire may, at its own option and expense, or funded from the MR&R Fund, whose conditions are hereinafter described, make structural alterations, additions and improvements provided the same are approved in advance in writing by the Director. Plans and specifications for structural improvements, alterations or modifications must be submitted to the Department with the Concessionaire’s request for approval and shall be subject to the approval of the Department.
L. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, or its business customers in accordance with Section 22 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or its employees.
Appears in 1 contract
Sources: Lease Agreement
Maintenance Responsibilities. A. Except as to loss or damage caused by fire or other casualty insured against, or in the case of uninsured property, loss or damage resulting from windstorm, other natural casualty, or fire not resulting from negligence or fault of the Concessionaire, its agents, employees, assignee, subcontractor, sublessee, or licensee, the Concessionaire shall provide at its expense all maintenance and repairs needed to keep and maintain the whole of the Properties and appurtenances in good, rentable condition at all times during the term of this Lease and shall replace items as required under this Lease. “Good, rentable condition” is intended to mean a condition that the typical visitor would deem acceptable and equivalent to conditions found in similar facilities elsewhere.
B. The Concessionaire shall, at its cost and expense, provide all routine repairs and maintenance required to preserve the buildings, structures and equipment furnished by the Department under this Lease. Such maintenance and repairs shall include, but shall not be limited to:
1. Interior maintenance painting of the Properties including:
a. Minor plumbing, electrical, mechanical and structural repairs, involving such things as ceilings, walls, floors, fixtures, outlets, toilets, faucets, vents, electric hand dryers and other such equipment;
b. Painting building with prior approval of the interior of the Properties as necessary and as directed by the park manager;
c. Proper disposal of grease from traps 2. Drain cleaning and tanks;
d. Professional steam cleaning of cooking ventilation hoods and ducts, including fire suppression inspections and servicing, by a qualified contractor semiannually or more often as necessary or as required and directed by maintenance within the Department. The park manager should be notified of all mandated inspections and forwarded the results of all inspections when received by the Concessionaire;
e. Professional steam cleaning confines of the dining room carpeting.
2. Lubrication of all mechanical equipment in the kitchen as per manufacturer’s recommendationsconcession buildings;
3. Preventative maintenance Plumbing fixture repair and repair of all kitchen equipment in accordance with the manufacturer’s recommendations; keeping maintenance records on equipment, and providing such records to Department personnel upon request. The Concessionaire shall obtain service contracts with non-affiliated, reputable bonded companies to service and maintain all mechanical equipment where sufficient expertise is not possessed by the Concessionaire or the Concessionaire’s employeesreplacement;
4. Window glass breakage replacement Lighting fixture repair and inside replacement, including bulbs and outside window washing of security lighting on the Properties per Section 10(B)(5)(a) of this Leasebuilding, if applicable;
5. Window and screen replacement;
6. Door repair and replacement;
67. Lock repair and replacement;
7. Planting, weeding and maintenance of the outdoor flower beds and landscaping;
8. Electrical wiring and plumbing necessitated by additional equipment of the Concessionaire;
9. Furnace cleaning and furnace filter replacement;
10. Air conditioner unit repair and replacement;
11. Maintenance, repair and replacement of equipment or other structures provided by the Concessionaire;
1210. Repair and preventative maintenance in accordance with the manufacturer’s recommendations replacement of equipment as enumerated on “ATTACHMENT Attachment B”. Concessionaire shall keep maintenance records on equipment and provide such records to the Department upon request;
1311. Cost of major structural repairs resulting from the Concessionaire’s negligence or failure to perform required routine repairs and maintenance;
1412. Pest control including, but not limited to wasps, hornets, mud daubers, and mice;
1513. Routine maintenance boat docks included in the Properties, including but not limited to bumper replacement and cleat replacement; and
14. Exterior painting as approved by the Department;
16. Deck repair and replacement;
17. Screen replacement;
18. Surface maintenance of sidewalks, decks, and other walkways including, but not limited to snow removal and ice melting application.
C. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty from the negligence or intentional act of the Concessionaire, its agents, or employees.
D. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, in accordance with Section 20 19 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or employees.
E. The Department shall, at its cost and expense provide all major repairs and maintenance required to preserve the buildings and equipment furnished by the Department under this Lease, with the exception of any damage due to negligence of the Concessionaire, the Concessionaire's employees, or the Concessionaire's agents and/or representatives. In such an event, the Concessionaire shall be responsible for all necessary repairs or replacements. The Department's responsibilities include but are not limited to:
1. Major plumbing, electrical and mechanical repairs, including rewiring and replumbing if necessary, except for any repairs necessitated by the Concessionaire’s negligence or intentional act, or the negligence or intentional act of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repairsstructural repair;
2. Major structural repair, including exterior painting, the structure being defined in the structural blueprints on file in the Chief Engineer’s office of the Department, unless necessitated by the Concessionaire’s negligence or the negligence of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repair;
3. Surface maintenance of parking areas, roadways and drives;
4. Roof repairs and replacement where the roof has outlived its usefulness;
5. Parking lot lights and poles;
6. Maintenance of sidewalks, steps, railings, roofs, gutters, and downspouts;
7. Window replacement.
F. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT B” and made available during the initial period of this Lease is subject to removal from service with no replacement by the Department.
G. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT C”, and made available during the initial period of this Lease is transferred from the Department to the Concessionaire and will not be replaced by the Department.
H. The Concessionaire shall provide written notice to the Department immediately upon discovery of deterioration of any of the Properties where repair of such deterioration is the responsibility of the Department as herein provided.
I. The Concessionaire shall see that the storage of portable gasoline tanks, gasoline cans, oils and lubricants and batteries is done in accordance with State and local fire codes and regulations. Any containers used for the temporary storage of gasoline shall be spill resistant and OSHA approved and stored outside of public view.
J. The Concessionaire shall be responsible for the improvement and replacement of furniture, furnishings, and equipment made necessary by wear, loss, breakage, theft, vandalism, or other cause. At all times during the term of this Lease there shall be a full inventory of all items if chattel property included in this Lease, consisting either of the original items in good rentable condition or suitable replacement items of equal value, quality and utility in good rentable condition, supplied by the Concessionaire, after prior written approval of the Department.
1. Any design, specification, selection, or purchase fees incurred by the Concessionaire in connection with the improvement or replacement of furniture, furnishings, and equipment shall be considered as a cost of operation to the Concessionaire and shall be the sole responsibility of the Concessionaire, and shall not be paid out of the MR&R Fund, unless prior written approval is obtained from the Director on a per project basis.
2. The Concessionaire shall provide detailed invoices to substantiate the quality and value of all replacements. Where the cost of items is to be paid form the MR&R Fund, the Concessionaire shall use its best efforts to obtain any available industry discounts, and in no event shall payment from the MR&R Fund be made to the Concessionaire or be made for more than an item’s cost to the Concessionaire.
3. All original and replacement items belonging to the Department shall be identified according to inventory methods established by the Department. Replacements of items owned by the Department become the property of the Department. Items being replaced that are owned by the Department become property of the Concessionaire after the replacements have received approval of the Director and inventoried by the Department, unless otherwise directed by the State’s Department of Administrative Services, State Surplus Property or unless the Department desires to keep such item(s) for use at another location. The Concessionaire shall remove any Department identification numbers from the items becoming its property, and shall tag such items as being its property. The Concessionaire shall promptly remove the replaced items from the Property.
4. Any state-owned furnishings or equipment which the Concessionaire deems in excess of his/her needs shall be turned over in satisfactory condition to the Department. The Concessionaire shall not remove any such furnishings or equipment except with the approval of the Director. The Concessionaire must receive and keep a receipt for any Department-owned furnishings or equipment temporarily removed from the Properties for repairs or service.
K. The Concessionaire may, at its own option and expense, or funded from the MR&R Fund, whose conditions are hereinafter described, make structural alterations, additions and improvements provided the same are approved in advance in writing by the Director. Plans and specifications for structural improvements, alterations or modifications must be submitted to the Department with the Concessionaire’s request for approval and shall be subject to the approval of the Department.
L. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, or its business customers in accordance with Section 22 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or its employees.
Appears in 1 contract
Maintenance Responsibilities. A. Except as to loss or damage caused by fire or other casualty insured against, or in the case of uninsured property, loss or damage resulting from windstorm, other natural casualty, or fire not resulting from negligence or fault of the Concessionaire, its agents, employees, assignee, subcontractor, sublessee, or licensee, the Concessionaire shall provide at its expense all maintenance and repairs needed to keep and maintain the whole of the Properties and appurtenances in good, rentable condition at all times during the term of this Lease and shall replace items as required under this Lease. “Good, rentable condition” is intended to mean a condition that the typical visitor would deem acceptable and equivalent to conditions found in similar facilities elsewhere.
B. The Concessionaire shall, at its cost and expense, provide all routine repairs and maintenance required to preserve the buildings, structures and equipment furnished by the Department under this Lease. Such maintenance and repairs shall include, but shall not be limited to:
1. Interior maintenance painting of building with prior approval of the Properties including:park manager;
a. 2. Drain cleaning and maintenance within the confines of the concession buildings;
3. Minor plumbing, electrical, mechanical mechanical, and structural repairs, repairs involving such things as ceilings, walls, floors, fixtures, outlets, toilets, faucets, vents, electric hand dryers kitchen equipment, water heater and other such equipment;
b. Painting of the interior of the Properties as necessary and as directed by the park manager;
c. Proper disposal of grease from traps and tanks;
d. Professional steam cleaning of cooking ventilation hoods and ducts, including fire suppression inspections and servicing, by a qualified contractor semiannually or more often as necessary or as required and directed by the Department. The park manager should be notified of all mandated inspections and forwarded the results of all inspections when received by the Concessionaire;
e. Professional steam cleaning of the dining room carpeting.
2. Lubrication of all mechanical equipment in the kitchen as per manufacturer’s recommendations;
3. Preventative maintenance and repair of all kitchen equipment in accordance with the manufacturer’s recommendations; keeping maintenance records on equipment, and providing such records to Department personnel upon request. The Concessionaire shall obtain service contracts with non-affiliated, reputable bonded companies to service and maintain all mechanical equipment where sufficient expertise is not possessed by the Concessionaire or the Concessionaire’s employees;
4. Window glass breakage replacement Lighting fixture repair and inside replacement, including bulbs and outside window washing of security lighting on the Properties per Section 10(B)(5)(a) of this Leasebuilding, if applicable;
5. Door repair and replacement;
6. Lock repair and replacement;
7. Planting, weeding and maintenance of the outdoor flower beds and landscaping;
8. Electrical wiring and plumbing necessitated by additional equipment of the Concessionaire;
98. Furnace cleaning and furnace filter replacement;
109. Air conditioner unit repair and replacement;
1110. Maintenance, repair and replacement of equipment or other structures provided by the Concessionaire;
1211. Repair and preventative maintenance in accordance with the manufacturer’s recommendations of equipment as enumerated on “ATTACHMENT B”. Attachment B. Concessionaire shall keep maintenance records on equipment and provide such records to the Department upon request;
1312. Cost of major structural repairs resulting from the Concessionaire’s negligence or failure to perform required routine repairs and maintenance;
1413. Pest control including, but not limited to wasps, hornets, mud daubers, and mice;
14. Planting, weeding and maintenance of the outdoor flower beds and landscaping; and
15. Exterior painting as approved by the Department;
16. Deck repair and replacement;
17. Screen replacement;
18. Surface maintenance of sidewalks, decks, and other walkways including, but not limited to snow removal and ice melting application.
C. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty from the negligence or intentional act of the Concessionaire, its agents, or employees.
D. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, in accordance with Section 20 19 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or employees.
E. The Department shall, at its cost and expense provide all major repairs and maintenance required to preserve the buildings and equipment furnished by the Department under this Lease, with the exception of any damage due to negligence of the Concessionaire, the Concessionaire's employees, or the Concessionaire's agents and/or representatives. In such an event, the Concessionaire shall be responsible for all necessary repairs or replacements. The Department's responsibilities include but are not limited to:
1. Major plumbing, electrical and mechanical repairs, including rewiring and replumbing if necessary, except for any repairs necessitated by the Concessionaire’s negligence or intentional act, or the negligence or intentional act of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repairsstructural repair;
2. Major structural repair, including exterior painting, the structure being defined in the structural blueprints on file in the Chief Engineer’s office of the Department, unless necessitated by the Concessionaire’s negligence or the negligence of the Concessionaire’s employees or agents, in which case the Concessionaire shall be solely responsible for total cost of repair;
3. Surface maintenance of parking areas, roadways and drives;
4. Roof repairs and replacement where the roof has outlived its usefulness;
5. Parking lot lights and poles;
6. Maintenance of sidewalks, steps, railings, roofs, gutters, and downspouts;
7. Window replacement.
F. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT B” and made available during the initial period of this Lease is subject to removal from service with no replacement by the Department.
G. It is agreed upon that the equipment listed on the attached inventory, “ATTACHMENT C”, and made available during the initial period of this Lease is transferred from the Department to the Concessionaire and will not be replaced by the Department.
H. The Concessionaire shall provide written notice to the Department immediately upon discovery of deterioration of any of the Properties where repair of such deterioration is the responsibility of the Department as herein provided.
I. The Concessionaire shall see that the storage of portable gasoline tanks, gasoline cans, oils and lubricants and batteries is done in accordance with State and local fire codes and regulations. Any containers used for the temporary storage of gasoline shall be spill resistant and OSHA approved and stored outside of public view.
J. The Concessionaire shall be responsible for the improvement and replacement of furniture, furnishings, and equipment made necessary by wear, loss, breakage, theft, vandalism, or other cause. At all times during the term of this Lease there shall be a full inventory of all items if chattel property included in this Lease, consisting either of the original items in good rentable condition or suitable replacement items of equal value, quality and utility in good rentable condition, supplied by the Concessionaire, after prior written approval of the Department.
1. Any design, specification, selection, or purchase fees incurred by the Concessionaire in connection with the improvement or replacement of furniture, furnishings, and equipment shall be considered as a cost of operation to the Concessionaire and shall be the sole responsibility of the Concessionaire, and shall not be paid out of the MR&R Fund, unless prior written approval is obtained from the Director on a per project basis.
2. The Concessionaire shall provide detailed invoices to substantiate the quality and value of all replacements. Where the cost of items is to be paid form the MR&R Fund, the Concessionaire shall use its best efforts to obtain any available industry discounts, and in no event shall payment from the MR&R Fund be made to the Concessionaire or be made for more than an item’s cost to the Concessionaire.
3. All original and replacement items belonging to the Department shall be identified according to inventory methods established by the Department. Replacements of items owned by the Department become the property of the Department. Items being replaced that are owned by the Department become property of the Concessionaire after the replacements have received approval of the Director and inventoried by the Department, unless otherwise directed by the State’s Department of Administrative Services, State Surplus Property or unless the Department desires to keep such item(s) for use at another location. The Concessionaire shall remove any Department identification numbers from the items becoming its property, and shall tag such items as being its property. The Concessionaire shall promptly remove the replaced items from the Property.
4. Any state-owned furnishings or equipment which the Concessionaire deems in excess of his/her needs shall be turned over in satisfactory condition to the Department. The Concessionaire shall not remove any such furnishings or equipment except with the approval of the Director. The Concessionaire must receive and keep a receipt for any Department-owned furnishings or equipment temporarily removed from the Properties for repairs or service.
K. The Concessionaire may, at its own option and expense, or funded from the MR&R Fund, whose conditions are hereinafter described, make structural alterations, additions and improvements provided the same are approved in advance in writing by the Director. Plans and specifications for structural improvements, alterations or modifications must be submitted to the Department with the Concessionaire’s request for approval and shall be subject to the approval of the Department.
L. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, or its business customers in accordance with Section 22 of this Lease. The Concessionaire shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, its agents or its employees.
Appears in 1 contract
Sources: Lease Agreement