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City Council Agenda and Packet 1997 01 07
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City Council Agenda and Packet 1997 01 07
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3/11/2021 1:23:37 PM
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City Council Records
Doc Type
City Council Packet
Signed Date
1/7/1997
Original Hardcopy Storage
5A1
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CCAGPKT 1997 01 07
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9. Lessee shall be solely responsible for any damages <br />suffered by the City or others as a result of Lessee's use and <br />occupancy of the Leased Premises. Lessee agrees to indemnify and <br />hold the City, its officers, agents, and employees harmless from <br />and against all liability, claims, damages, losses, and expenses, <br />including but not limited to attorneys' fees, arising out of, <br />resulting from, or in any way connected with (a) Lessee's use and <br />occupancy of the Leased Premises; (b) any mechanics liens claimed <br />or recorded against the Leased Premises as a result of Lessee's use <br />or occupancy thereof; or (c) the rights and obligations of the <br />Lessee under this Lease Agreement. Lessee agrees to hold harmless <br />and make no claim against the City, its officers, agents, and <br />employees for any damages which may be caused by the acts of the <br />City, its officers, agents, and employees, to Lessee's property or <br />improvements located upon the Leased Premises; however, this shall <br />not apply with respect to wanton and willful acts of the City. <br />10. Lessee shall carry and maintain during the term of this <br />Lease bodily injury liability and property .damage liability <br />insurance adequate to protect the City and naming the City as an <br />additional insured against liability for injury or death of any <br />person in connection with the Lessee's use of the Leased Premises <br />or the condition thereof. Such insurance shall be at all times in <br />an amount of not less than $1,000,000 combined single limit for <br />bodily injury and property damage. The limits of such insurance <br />shall not limit the liability of Lessee. <br />11. The parties understand and agree that the City is relying <br />on and does not waive or intend to waive by any provision of this <br />Lease the monetary limitations (presently $150,000 per person and <br />$600,000 per occurrence) or any other rights, immunities, and <br />protections provided by the Colorado Governmental Immunity Act, <br />24 -10 -101 et seq.., 10 C.R.S., as from time to time .amended, or <br />otherwise available to the City its officers, or its employees. <br />12. At the City's option, it shall be deemed a breach of this <br />Lease if the Lessee defaults in the payment of the rent, or <br />defaults in the performance of any other term or condition of this <br />Lease Agreement. In the event the City elects to declare a breach <br />of this Lease Agreement, the City shall have the right to give the <br />Lessee seven (7) days written notice requiring payment of the rent <br />or compliance with the other terms and conditions of this Lease, or <br />delivery of the possession of the Leased Premises. In the event <br />any default remains uncorrected after seven (7) days written <br />notice, the City, at City's option, may declare the lease term <br />ended, repossess the Leased Premises and expel the Lessee without <br />being deemed guilty of a trespass or of a forcible entry and <br />detainer and without prejudice to any other remedies to which the <br />City may be entitled. <br />13. Any notices or communication required or permitted <br />hereunder shall be given in writing and shall be personally <br />3 <br />
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