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<br /> <br /> <br />a) Foundation shall purchase and install five (5) chute-style garbage cans <br />anticipated to be from the “Big Belly” brand; and <br /> <br />b) Foundation shall be responsible for the cleaning, maintenance, inspection, <br />and repair of all garbage cans. This includes, but is not limited to, the <br />replacement and or repair of garbage cans damaged by third party conduct <br />including vandalism, and replacement or removal of garbage cans at the end <br />of their use/lifespan; and <br /> <br />c) Foundation shall be responsible for all waste collection and associated waste <br />removal fees and costs; and <br /> <br />d) Any services to be performed by a third party contractor shall be the subject <br />of agreement between Foundation and the third party contractors. The City <br />shall not assume any liability for such agreements; and <br /> <br />e) The City shall have sole discretion on the specific placement of the garbage <br />cans within the District, but shall otherwise have no responsibility for waste <br />collection and/or removal fees and costs, cleaning, maintenance, inspection, <br />and repair of the garbage cans. <br /> <br /> 1.3 Disbursement of Grant Proceeds. City shall immediately disburse Grant Proceeds <br />to Foundation in a single one-time payment in the amount of Thirty Four Thousand Five <br />Hundred and Ninety Three Dollars and Ten Cents ($34,593.10) upon execution of this <br />Agreement. <br /> <br />1.4 No City Obligation to Utilize Alternative Funds on Project. Foundation <br />acknowledges and agrees that City shall not be and is not under any obligation to seek or utilize <br />alternative funding sources for the Project or disbursement of the Grant. <br /> <br />ARTICLE 2. <br />FOUNDATION REPRESENTATIONS AND WARRANTIES <br /> <br /> 2.1 Duly Organized. Foundation warrants that it is duly organized under applicable <br />laws of the State of California, is qualified to do business in the City, and is in compliance in all <br />material respects with all laws and regulations necessary to receive the Grant for the Project. <br /> <br /> 2.2 Authority. Foundation warrants that it has authority, and has completed all <br />proceedings and obtained all approvals necessary to execute, deliver, and perform its obligations <br />under this Agreement and the transactions contemplated thereby. <br /> <br /> 2.3 No Contravening Agreements. Foundation warrants that the execution, delivery, <br />and performance of this Agreement and all associated documents will not contravene, or <br />constitute a default under or result in a lien upon assets of Foundation pursuant to any applicable <br />law or regulation, any charter document of Foundation, or any instrument binding upon or <br />DocuSign Envelope ID: 0D2CA3BD-265D-40BE-83DB-B9693914F343