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City Council Study Session Agenda and Packet 2015 02 04 JT BVSD
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City Council Study Session Agenda and Packet 2015 02 04 JT BVSD
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SSAGPKT 2015 02 04 JT BVSD
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February 4, 2015 | page B‐6 <br /> <br />supervisory personnel to maintain the facilities and the school site to the satisfaction of <br />the School District. <br />6.2 The City agrees to the extent authorized by law to defend, indemnify, save <br />and hold harmless the School District, its officers, agents and employees, acting as such, <br />on account of any and all claims, and liability from damages, costs or expenses assessed <br />against the School District which are incurred as a result of any act or omission by the City <br />or its officers or employees, for personal injury, death of a person and/or property <br />damage occurring on the School Site as the result of City Use during the term of this <br />Agreement, except for negligent acts of the School District. The provisions of this Section <br />shall not apply to any property damages or personal injuries resulting from structural <br />defects or design defects contained within any of the subject school facilities listed on <br />Attachment A. <br />6.3 The School District agrees to the extent authorized by law to defend, <br />indemnify, save and hold harmless the City, its officers, agents and employees, acting as <br />such, on account of any and all claims, and liability from damages, costs or expenses <br />assessed against the City which are incurred as a result of any act or omission by the <br />School District or its officers or employees for personal injury, death of a person and/or <br />property damage occurring on City property as the result of School District Use during the <br />term of this Agreement, except for negligent acts of the City. The provisions of this <br />Section shall not apply to any property damages or personal injuries resulting from <br />structural defects or design defects contained within any of the subject City facilities listed <br />on Attachment A. <br />6.4 The City and School District shall have in force at all times a valid property <br />damage and public liability insurance policy, in an amount at least equal to $1,000,000.00 <br />for injury to one person and $2,000,000.00 for injury to two or more persons in any single <br />occurrence, and each party shall deliver to the other party a certificate of insurance within <br />30 days of the effective date of the insurance. The School District and City shall be named <br />as a co-insured or additional insured under the policy held by the other party. <br />6.5 The School District and the City agree that they are relying on and do not <br />waive or intend to waive any provisions of this Agreement, the monetary limitations of, or <br />any other rights, immunities or protection provided by the Colorado Governmental <br />Immunity Act, C.R.S. § 24-10-101, et seq., as from time to time amended, or otherwise <br />available to the parties, their officers, or their employees. <br /> <br />Section 7 - Conditions of Use <br />7.1 The School District shall be responsible at its own expense for the routine <br />maintenance of all School District owned improvements, facilities and equipment. <br />7.2 Notwithstanding the School District's responsibility set forth in 8.1 below, <br />and unless otherwise provided for in Attachment A, the City shall be responsible for its pro <br />13
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