RES 440 Draft 01 2012-2014 - Laserfiche WebLink

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Y III. TITLE. The Applicant will not encumber or dispose of its title to the range property during the term of this Agreement. IV. PERIOD OF OPERATION. The Applicant shall operate and maintain said trap and skeet range during the useful life of the equipment and improvements purchased through this Agreement. V. RANGE OF OPERATION AND MAINTENANCE. The Applicant shall operate and maintain the range as follows: A. Range Hours. The range shall be open to the public at all reasonable hours and times, including but not limited to weekends, during the term of this Agreement except as otherwise approved by the Department. B. Maintenance. All project grounds, facilities, and equipment shall be kept in good repair and order during the life of this Agreement. Additionally, all restroom facilities shall be maintained in a clean, sanitary condition. C. Range Fees. The Applicant may only charge the public fees that are in accordance with its administrative Rule 6—Rules Relating to User Fees. D. Safety Rules. The range shall be operated in accordance with the Hilo Trap and Skeet Range Safety Rules and Procedures, a copy of which is attached hereto as Exhibit"A"and made a part hereof. E. Disposal of Equipment. The Applicant shall dispose of equipment specified in this Agreement after the life of this Agreement in accordance with all applicable State and Federal policies and guidelines for equipment disposal. VI. SELF-INSURANCE. The Applicant hereby declares that it is a self- insured entity. VII. RECORDS INSPECTION. The Applicant shall make the records of this Agreement available to the Department for inspection and audit upon request. VIII. SITE INSPECTION. The Applicant shall make its range facilities and grounds available to the Department for inspection upon request. IX. PROJECT LOCATION. The range is located at: 1010 Leilani Street, Hilo, HI. X. TERM. This Agreement shall be for a term of ten (10) years unless sooner terminated as provided herein. XI. DEFAULT/REPAYMENT. In the event the Applicant should breach this Agreement in any respect and fail to remedy that breach within sixty(60) days after written notice describing same has been received by the Applicant from the Department, the contract shall be terminated at the Department's option whereupon the Applicant shall be liable for repayment to the Department through this Agreement. The repayment amount shall be the full purchase price minus depreciation as allowed by State of Hawaii law. Applicant shall retain Page 2 of 5