Resolution 2010-48 - Laserfiche WebLink

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identified by the City and for any damages suffered by the City or others as a result of the County's use and occupancy of the Premises. 6. Security of Property. As between the City and the County, the City shall have no responsibility, liability, or obligation with respect to the County's construction, maintenance, or utilization of any of the Trail Facilities, or with respect to any property or activities of the County at or on the Premises. It is acknowledged and understood by the County that, as between the City and the County, the construction, maintenance and utilization of the Trail Facilities, and the safety of the County's property and the conduct of its activities, is the sole responsibility and risk of the County. 7. Construction Approval. The County will provide the City with the most current construction plans to be attached to this Agreement and provide a project schedule and notice when work will be conducted within the Premises. Upon completion by the County of the construction of the Trail Facilities on the Premises, the County shall notify the City and the City shall inspect the Trail Facilities to ensure that they comply with the Approved Plans and Specifications. 8. Maintenance. The County shall at its expense undertake such maintenance activities as may be reasonably required by the City in order to ensure the proper operation and functioning of the Trail Facilities in the Premises. If the County fails to perform its maintenance obligations, the City may, in addition to any other remedy, undertake such maintenance at the County's expense. 9. Prior Riehts. The County understands that the City holds only an easement interest in the Premises. The County further acknowledges and understands that the joint use consent granted hereunder is granted subject to all agreements, easements and other interests of record applicable to the Premises. The County shall be solely responsible at its expense for coordinating its activities hereunder with the holders of such agreements, easements or other interests of record, and for obtaining any and all required permissions and /or grants for conduct of its activities from such holders. 10. Insurance. A. The County shall procure and maintain, and shall cause each of its contractors and subcontractors to procure and maintain, the minimum insurance coverages listed below. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the County pursuant to this Agreement. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured by County to maintain such continuous coverage. 1. General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000) each occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall include the City of Louisville, its officers and its employees, as additional insureds, with primary coverage as respects the City of Louisville, its officers and its employees, and shall contain a severability of interests provision. 3