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3 <br /> <br /> f. The City shall pay an annual fee of $2,000 for maintenance. <br /> Note: Besides regular cleaning and maintenance, the district has to refinish the court <br />surfaces and replace nets and fencing every 5-7 years. The fees may not be used in one <br />particular year for us to invoice. <br /> <br /> g. During the Measure I Bond construction work related to the new <br />gyms, access may be impacted to the tennis courts and they may not be accessible for periods of <br />time. The District will coordinate and inform the City in advance of such occurrences. <br /> <br /> h. City shall secure and lock-up the Tennis Courts and District <br />facilities after each use. City shall conduct a sweep of any buildings open for City’s use under <br />this Agreement, including by way of illustration and not limitation, restroom facilities, and <br />ensure that no person is inside the building(s) when City secures and locks the building(s). <br /> <br /> 3. Insurance. <br /> <br /> a. Both Parties shall obtain and maintain Commercial General Liability <br />insurance, or the equivalent through a pooled liability program, with minimum limits as follows: <br /> <br /> Personal Injury Property Damage <br /> $1,000,000 each occurrence $1,000,000 each occurrence <br /> $2,000,000 aggregate $2,000,000 aggregate <br /> <br /> b. City shall name District and its governing Board members, employees, <br />and agents as additional insureds for such policies. District shall name City and its officials, <br />employees, agents as additional insureds for such policies. <br /> <br /> c. Each party shall provide the other Party with certificates of insurance <br />within one (1) week of full execution of this Agreement. <br /> <br /> 4. Indemnification. <br /> <br /> a. City shall defend, indemnify, and hold harmless District and District's <br />governing Board, officers, employees, and agents, from and against any and all claims, actions, <br />liability, damage, loss, or obligations including all costs, demands, expenses, and attorney's fees, <br />arising out of the negligent acts, negligent omissions, or willful misconduct of City, its officials, <br />employees, or agents, related to City's performance of City's obligations under this Agreement <br />and City’s use of the Joint Use Facilities. <br /> <br /> b. District shall defend, indemnify, and hold harmless City, and City’s <br />officials, employees, and agents, from and against any and all claims, actions, liability, damage, <br />loss, or obligations including all costs, demands, expenses, and attorney’s fees, arising out of the <br />negligent acts, negligent omissions, or willful misconduct of District, its governing Board, <br />Page 48 of 228