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contractors, subcontractors or consultants,entered into by City and/or Manager,all ordinary
<br /> maintenance,repairs, alterations,replacements and installations,all decorating and landscaping,
<br /> and the purchase of all supplies necessary for(i)the proper operation of the Property,and(ii)
<br /> compliance with covenants,conditions and restrictions affecting the Property,to the extent
<br /> Manager has been notified in writing by City of any such covenants,conditions and restrictions.
<br /> Notwithstanding the foregoing, Manager shall not make any purchase or order any work costing
<br /> more than the limit on the amount authorized for non-emergency purchases and repairs set forth in
<br /> Section 1.3 without City's prior written approval,except in circumstances reasonably deemed by
<br /> Manager to be an emergency requiring immediate action for the protection of the Property or other
<br /> persons or to avoid the suspension of necessary services. Manager shall promptly notify City of
<br /> the necessity for,the nature of, and the cost of such emergency repairs or compliance.
<br /> (b) Manager shall obtain all necessary receipts,releases,waivers,discharges and assurances necessary
<br /> to keep the Property free of any mechanics', laborers',materials suppliers'or vendors'liens in
<br /> connection with work,materials or supplies for which City contracts and for which Manager
<br /> directly contracts pursuant to the terms of this Agreement.
<br /> 3.5 Monitoring of Third Party Contractors.Manager shall monitor all independent contractors,consultants,
<br /> suppliers,vendors and entities retained by City for the operation,repair,maintenance and servicing of the
<br /> Property or for any other activity within the scope of this Agreement.
<br /> 3.6 Not applicable.
<br /> 3.7 Not applicable.
<br /> 3.8 Compliance with Laws. Subject to the other provisions of this Agreement,at City's expense,Manager
<br /> shall use its best efforts to cause the Property to comply with federal, state and municipal laws,ordinances,
<br /> regulations and orders relative to the use, operation,repair and maintenance of the Property and with the
<br /> rules,regulations or orders of the local Board of Fire Underwriters or other similar body. Manager shall
<br /> use its best efforts to remedy the violation of any such law,ordinance,rule,regulation or order of which it
<br /> has actual knowledge and which violation occurs after the Effective Date,at City's expense. Expenses
<br /> incurred in so complying and in correcting any such violation shall be approved in advance by City.
<br /> Notwithstanding the foregoing,however,Manager's responsibilities under this Section 3.8 shall not extend
<br /> to matters as to which the expenditure of City's funds is required but such funds are not made available by
<br /> City.
<br /> ARTICLE IV-REPORTS,AND OTHER FINANCIAL MATTERS
<br /> 4.1 Not applicable.
<br /> 4.2 Records. Manager agrees to keep separate records,either paper or electronic,with respect to the
<br /> management and operation of the Property and to retain those records for a period of two(2)years.
<br /> ARTICLE V-RESPONSIBILITIES OF CITY
<br /> 5.1 Documents Provided by City. In order for Manager to set-up and establish operations City shall provide to
<br /> Manager such information,documents and certificates regarding the Property as Manager shall reasonably
<br /> request and as City has in its possession, including,but not limited to,the following to the extent available:
<br /> (a) Legal description of the Property and any improvements.
<br /> (b) Site plans and specifications.
<br /> (c) An inventory of City's personal property at the Property, including all tools,equipment and
<br /> supplies.
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