City Council Agenda and Packet 2015 03 03

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7. The City does not assume any obligation to the District to construct, operate, or maintain the improvements contemplated by the grant. 8. Unless a claim by GOCO arises out of the negligence or other wrongful act of the City, the District shall be responsible to the City for any claim under the Grant Agreement, in the same manner and extent as the City may be responsible to GOCO. 9. The District shall operate and maintain the improvements contemplated by the Grant Agreement, in accordance with established District policy for playground maintenance. Should any claim for personal injuries, property damage or wrongful death be asserted as a result of the construction, operation, maintenance, or use of the improvements contemplated by the Grant Agreement, the parties shall be responsible for such claim in the manner provided by the Colorado Governmental Immunity Act and the Colorado law concerning pro -rata liability. The parties shall not be jointly and severally liable for such claims. 10. By executing this agreement the parties do not waive any immunity or limit liability contained in the Colorado Governmental Immunity Act; do not create a multi -year fiscal obligation; and do not create any other financial obligation not supported by a current appropriation. 11. This agreement does not create any rights in any individual not a party to this agreement. This document, and exhibits, shall constitute the entire agreement of the parties. 12. The District hereby grants to the City a limited license in, and right of entry to, the property described in Ex. "B" for the purposes stated in the Grant Agreement, Ex. "A ", and for no other purpose. Such license and right of entry shall be exercised only in the event the District has failed to comply with the requirements of the Grant Agreement and shall include all rights reasonably necessary, as determined by the City, for the City to enter upon the property and perform its obligations to GOCO under the Grant Agreement. This right includes the ability of the City to use its employees, agents or outside contractors. This license and right of entry further includes the right to enter upon the property with any equipment or vehicles. 13. The District shall provide a Project Manager to oversee the District's portion of the work. Tom Blahak can be reached at (303) 994 -3976. The school will provide a supervisor for the Youth Corp team. Sarah McGibbon (720) 480 -7024 shall meet the Youth Corps team every morning, at the project site, to identify work duties and monitor the crew throughout the day. The Youth Corps shall work on this project from Monday, July 20th through Thursday, July 23`d. Project duties will be determined by the supervisor before the Youth Corps arrival and tools needed shall be requisitioned at least 1 week prior. 14. This agreement, including the limited right of entry and license, shall terminate simultaneously with the termination of all City obligations under the Grant Agreement. 2 45