Ordinance 2015-1695 - Laserfiche WebLink

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the City shall have any responsibility for maintenance or repairs or for making any additions, modifications or replacements to the Solar Array Facility at which the Panels are located as set forth in the CEC Agreements. Section 8.02. Taxes, Other Governmental Charges and Utility Charges. It is the understanding and the intent of the parties to this Lease that this Lease is entered pursuant to the Charter and C.R.S. § 31 -15 -801 et semc . and the City is the beneficial owner of the Leased Property pursuant to this Lease and will not be obligated for or subject to ad valorem property taxation. In the event that the Leased Property or any portion thereof shall, for any reason, be deemed subject to taxation, assessments or charges claimed to be lawfully made by any governmental body, the City and Alpine Bank shall use their best efforts and cooperate to contest and challenge the imposition and/or amount of all such taxes, assessments and governmental charges. Except for Permitted Encumbrances, the City shall not allow any liens for taxes, assessments or governmental charges to exist with respect to the Leased Property or any portion thereof (including, without limitation, any taxes levied upon the Leased Property or any portion thereof which, if not paid, will become a charge on the rentals and receipts from the Leased Property or any portion thereof, or any interest therein, including the interest of Alpine Bank), or the rentals and revenues derived therefrom or hereunder. Section 8.03. Provisions Regarding Liability, Property and Worker's Compensation Insurance. With the prior written consent of Alpine Bank, the City may, in its discretion, insure the Leased Property but such insurance is not a requirement of this Lease. Upon the execution and delivery of this Lease, the City shall, at its own expense, cause public liability insurance, including blanket contractual liability or specific contractual liability insurance for this Lease and public officials' errors and omissions coverage, to be carried and maintained with respect to the activities to be undertaken by the City and its officers, officials, agents and employees in connection with the use and possession of the Leased Property. All such policies (other than errors and omissions) shall show the City, all officers and employees thereof, and Alpine Bank as additional insureds. Such coverage shall be in amounts not less than the limits of liability per occurrence set by the Colorado Governmental Immunity Act as the same may from time to time be amended, to a $1,000,000 annual aggregate, for claims to which the defense of sovereign immunity applies. The public liability insurance required by this Section 9.05 may be by blanket insurance policy or policies. If the City shall insure against similar risks by self - insurance, the City, at its election and in accordance with the standards of the State relating thereto, may in lieu of obtaining policies for casualty and property, and public liability insurance coverage as required by this Section 8.03 provide one or more such coverages by a self - insurance fund so long as the City provides an annual certification to Alpine Bank that the reserves therein are adequate as determined by, in the case of public liability and workers' compensation insurance, the City's risk manager or Insurance Consultant. The liability insurance policy provided for in this Section 8.03 shall contain a provision to the effect that the insurance company shall not cancel the policy or modify it materially and adversely to the interests of Alpine Bank without first giving written notice thereof to the City (who shall immediately notify Alpine Bank) at least 30 days in advance of such cancellation or 16 4812 - 2161 -1294 9