Resolution 2025-77 - Ice Rink Mgmt & Lic Agr Main St BID

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14. No Waiver of Immunity or Impairment of Other Obliqations. The City and the BID are relying on and does not waive or intend to waive by any provision of this Agreement the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et sea., as from time to time amended, or otherwise available to the City, the BID, and their respective officers and employees. 15. Taxes. The Premises is presently exempt from any real property taxation. In the event the County Assessor determines that the Premises is subject to the lien of general property taxes due to the BID's use or occupancy, the City shall be responsible for the payment of taxes. 16. Right of Entrv. Notwithstanding any other provisions of this Agreement to the contrary, provided the City's rights under this Section 16 do not materially interfere with the Event, the City shall at all times have the right to enter the Premises to inspect, improve, maintain, alter or utilize the Premises in any manner authorized to the City. In the exercise of its rights pursuant to this Agreement, the BID shall avoid any damage or interference with any City installations, structures, utilities, or improvements on, under, or adjacent to the Premises. 17. Hazardous Materials. The BID shall not keep, or allow its contractors or subcontractors to keep, any hazardous materials in or about the Premises without prior written consent of the City, which will be granted or denied in the City's sole discretion. "Hazardous material" includes but is not limited to asbestos, other asbestotic material (which is currently or may be designated in the future as a hazardous material), any petroleum base products, pesticides, paints and solvents, polychlorinated biphenyl, lead, cyanide, DDT, acids, ammonium compounds, and other chemical products (excluding commercially used cleaning materials in ordinary quantities) and any substance or material defined or designated as a hazardous or toxic substance, or other similar term, by any federal, state, or local law. 18. Termination. a. At the City's option, it shall be deemed a breach of this Agreement if the BID defaults in the performance of any term or condition of this Agreement. In the event the City elects to declare a breach of this Agreement, the City shall give the BID ten (10) days written notice requiring compliance with the terms and conditions of this Agreement, or delivery of possession and cessation of further use of the Premises. In the event any default remains uncorrected after ten (10) days written notice, the City, at City's option, may declare the Agreement terminated and revoke permission for any further BID use of the Premises for the Event without prejudice to any other remedies to which the City may be entitled. Additionally, the City may, but shall not be obligated to, correct or remedy the BID's default at the BID's expense. Any such action by City to correct or remedy a default by City shall not be deemed a waiver or release of default or a discharge of any liability of the BID for the expense of correcting or remedying such default. 9