Resolution 2017-31 - Laserfiche WebLink

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Boulder County, CO 03597800 3 of 21 and receiving written approval from said county department prior to conducting the work, which approval may not be unreasonably withheld. 3.6 Grantee shall comply with all of the terms and specifications of the reclamation plan attached hereto and incorporated herein by this reference as Exhibit E ("Reclamation Plan") the provisions of which shall be administered and enforced by the County of Boulder for and on behalf of Grantor. 3.7 Upon completion of the project, Grantee shall remove all equipment, materials and supplies and shall leave the Open Space in its original or better condition and void of all hazards including but not limited to hazardous changes in topography, such as holes, ruts and dirt piles. 4. Indemnity and non -waiver of Governmental Immunity. To the extent permitted by law, Grantee shall hold harmless and indemnify the County and its employees, agents, contractors, and elected and appointed officials for any and all liability, liens, or other costs and/or losses arising from Grantee's use of the Easement Property; provided that the foregoing indemnity shall not apply to extent caused by acts or omissions of Grantor, its agents, employees, contractors or invitees. This indemnity shall include all costs, attomey fees, expenses and liabilities incurred in connection with any such potential claims, the investigation thereof or the defense of any action or proceedings brought thereon, and any judgments, orders, decrees, or liens, resulting therefrom, but not to the extent caused by acts or omissions of Grantor, its agents, employees, contractors or invitees. Neither Grantor, nor Grantee in any way waives or intends to waive any of the limitations on liability which are provided to them under the Colorado Governmental Immunity Act, C.R.S., §§24-10-101, et seq., as currently enacted or subsequently amended. 5. Mechanic's Lien. Nothing contained herein shall authorize Grantee, or any person or entity acting through, with or on behalf of Grantee, to subject the Easement Property or any portion of the Easement Property or of Grantor's Property, to mechanic's liens. If any such lien shall be filed against the Easement Property or any portion of Grantor's and Grantee has caused such lien, Grantee shall cause the lien to be discharged. In the event that such lien is not discharged within twenty (20) days after receipt of written notice of the lien by the Grantee, then Grantor, at its option, and at the cost and expense of the Grantee, may enter into, defend, prosecute or pursue any effort or action (whether or not litigation is involved) which Grantor deems necessary to defend Grantor's Property from and against such lien. 6. Enforcement and Restoration. Grantor may exercise immediate reasonable enforcement, restoration and conservation actions when such actions are warranted for the protection and preservation of Grantor's Property. Should an activity be undertaken on the Easement Property to which the parties have not agreed, Grantor may require Grantee to immediately cease and desist from such activity. In such case, if the unauthorized activity was Callahan Open Space Access and Utility Easement 3