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improvements. <br /> 7. This key provision is too vague. Can the fields be used for any recreational use? Like what? In other <br /> words, is soccer okay? Little kids playing kickball? Frisbee? Or will BR object to potential damage to the <br /> fields? Who controls the use and scheduling? This provision should be tied to or combined with <br /> paragraph 19, which also needs clarification. <br /> 8. Do we want the City to have any control over the type of concessions? Are you comfortable with the <br /> City not getting any percentage of the revenue? <br /> 9. Signs: as to interior signs, it makes sense for BR to have absolute control only if none of the signs are <br /> visible from outside the ballfields. If they are, the City may want to have the right to disapprove them <br /> (though there are constitutional retrictions on what we could disapprove). We might note that exterior <br /> signs are subject to general City ordinances and regulations pertaining to signs. <br /> 11. The insurance policy should have a "survival clause ", so that the insurance covers potential liability <br /> that arises after termination of the agreement, based on acts that occurred before termination. (Risk <br /> Services should be able to describe the needed clause more precisely.) <br /> 13. I recommend asking Risk Services to review this paragraph. If the City is self- insured (I don't know if <br /> we are for losses of this kind), does it make sense for us to bear the risk that "our" improvements are <br /> destroyed by fire caused by BR's negligence? <br /> 14. This sentence contains two separate ideas -- first, that BR can't order something that we'd have to pay <br /> for; second, that they won't make improvements until we approve. The second concept should be <br /> incorporated into paragraph 4. <br /> 14a. This would be a good place to insert a provision that "Lessee will not allow any liens to be placed <br /> against the property and,if any liens are so placed, will take action to have the lien removed within 10 <br /> days." <br /> 15. We should probably require compliance with all laws applicable to the property and to the lessee's use <br /> of it and activities associated with it. We should consider attaching the City's standard contract <br /> provisions. <br /> 17. In the first line, we can delete the words "do so or ". <br /> The remedies available to the City here are rather slim -- only to fix the problem itself if BR does not , <br /> charge BR for the cost of the correction or repair, and terminate if BR refuses to pay. But what if the <br /> breach is not one that can be easily fixed by spending money -- e.g., BR discriminates in who it allows to <br /> use the fields? I suggest revising the paragraph to read as follows: <br /> If Lessee fails or neglects to perform any obligation imposed upon Lessee by this lease, Lessee <br /> shall remedy the breach within thirty days of the date Owner provides written notice of the breach to <br /> Lessee. If Lessee fails to remedy the breach within thirty days, at any time thereafter and while the <br /> breach continues, Owner at its option may either (1) without further notice or demand, enter onto the <br /> premises and cure the breach, and may charge the expense of curing the breachto Lessee, or (2) upon ten <br /> days further notice of Owner's intent to terminate the lease and Lessee's failure to cure the breach within <br /> that time, terminate the lease. If Owner exercises option (1) and Lessee fails to pay the charge within 30 <br /> days of notice of the charges, Owner may terminate the lease without further notice. In addition, <br /> notwithstanding the foregoing, if Lessee's breach creates a risk of injury to the public or to users of the <br /> facility, Owner may close the premises immediately and may exercise its option to cure the breach or to <br /> terminate the lease on such abbreviated notice, of not less than seven days, as it deems appropriate to the <br /> circumstances in light of the nature of the risk posed by the breach. <br /> 19. As noted above for paragraphs 1 and 7, this is a key provision, but it's too general. "Maximize" is not <br /> a very precise standard. If we can't be more precise about what sport), what users and what times, we <br /> should describe our objectives in more detail. gd4•;t A gPitar <br /> 20. I think the City should retain the right to approve any assignment of BR's rights. Thus, I'd eliminate <br /> the last sentence of this paragraph. <br /> That's it. Please call if I can help with negotiations or additional revisions. Thanks much! <br /> Page 2 <br />