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<br />3. The rights of the City to inspect the qualifying project to ensure compliance with <br />the <br />comprehensive agreement; <br /> <br />4. The maintenance of a policy or policies of liability insurance or self-insurance <br />reasonably sufficient to insure coverage of the project and the tort liability to the <br />public and employees and to enable the continued operation of the qualifying <br />project; <br /> <br />5. The monitoring of the practices of the private entity by the City to ensure proper <br />maintenance; <br /> <br />6. The terms under which the private entity will reimburse the City for services <br />provided; <br /> <br />7. The policy and procedures that will govern the rights and responsibilities of the <br />City <br />and the private entity in the event that the comprehensive agreement is terminated <br />or there is a material default by the private entity, including the conditions <br />governing assumption of the duties and responsibilities of the private entity and the <br />transfer or purchase of property or other interests of the private entity by or to the <br />City. In the event of a material default by the private entity, the City may elect to <br />assume the duties of the private entity and in such case it shall succeed to all of the <br />rights, title and interest in such qualifying project subject to liens to persons <br />providing financing and it shall have all other rights provided under law (~ 56- <br />575,11); <br /> <br />8, The terms under which the private entity will file appropriate financial statements <br />on <br />a periodic basis; <br /> <br />9. The mechanism by which user fees, lease payments, or service payments, if any, <br />may <br />be established from time to time upon agreement of the parties. Any payments or <br />fees shall be set at a level that is the same for persons using the facility under like <br />conditions and that will not materially discourage use for the qualifying project; <br /> <br />a. A copy of any service contract shall be filed with the City. <br /> <br />b. A schedule of the current user fees or lease payments shall be made <br />available by the private entity to any member of the public upon request. <br /> <br />c. Classifications according to reasonable categories for assessment of user <br />fees may be made. <br /> <br />Page 24 of 29 <br />