Interwest Construction Inc Use of City Property 10/2/19

provide CITY evidence of coverage and endorsement. Insurance coverage and limits of liability as specified herein are minimum coverage and limit of liability requirements only. They shall not be construed to limit the liability of INTERWEST or any insurer for any claim that is required to be covered hereunder. Moreover, CITY shall be an additional insured, where additional insured status is required, for the full available limits of liability maintained by INTERWEST,whether those limits are primary, excess, contingent or otherwise. Section 12. NON-INTERFERENCE WITH CITY USE. INTERWEST's use of the Property shall not unreasonably interfere in any way with any CITY use of the Property. Section 13. RELOCATION. INTERWEST specifically agrees to relocate or remove, whichever CITY requires, all or any part of its equipment or materials located on the Property to allow for inspection of the Property. INTERWEST shall commence the relocation or removal within 30-days of notice by CITY that INTERWEST must relocate or remove equipment or materials. If INTERWEST fails to commence the relocation or removal as required or, having commenced it, fails to proceed with reasonable dispatch, CITY shall, in addition to its remedy for damages,be entitled to specific enforcement of INTERWEST's obligation hereunder and shall also have the right and authority to remove, at INTERWEST's expense, such portion of the equipment or materials as INTERWEST has failed to relocate or remove without incurring any liability whatsoever. Section 14. REPAIR OF PROPERTY. INTERWEST shall use care to avoid damaging or destroying CITY property by reason of its operations pursuant to this License. Any damage caused by INTERWEST to CITY or other property shall be promptly repaired or replaced by INTERWEST to the satisfaction of CITY, or in lieu of such repair or replacement, INTERWEST shall pay,to the CITY or owner of the other property,money in an amount sufficient to compensate for the loss sustained by reason of damage to or destruction of CITY's or other party's property. Section 15. RISK OF LOSS TO GRANTEE'S PROPERTY. INTERWEST bears all risk of any and all damage and loss to its equipment or materials being stored on the Property. Section 16. NOTICE PRIOR TO INSTALLATION. Prior to the installation of any additional fencing on the Property, INTERWEST will supply CITY with a drawing and any necessary specifications relating to its use of the Property. INTERWEST must obtain CITY approval of the proposed area and location of any fencing prior to installation. CITY's review, comments, and approval shall not create any CITY liability for any action or inaction relating to such review, and INTERWEST shall remain wholly responsible for the safety, adequacy, suitability,utility, and constructability of its fencing. Section 17. NO WARRANTY. CITY does not warrant its title or ownership of the Property. page 3