2005/09/28 Council Agenda Packet

IV. Conditions A. Atkinson shall pay the City Two Thousand Five Hundred Dollars ($2,500) per month during the existence of this License. Payment shall be due on the first day of each month. Failure to pay by the tenth day of a month shall be cause for immediate termination of this License. After the initial Term of thirty months, Atkinson shall pay Five Thousand Dollars ($5,000) on the first of each month 'during the hold -over period. B. Atkinson shall have exclusive use of City Property for the term of this License. C. Atkinson shall complete the following tasks: Demolish and remove the GTS Drywall building, foundation and western half of the asphalt parking lot by December 15, 2005. 2. Remove the westerly parking stalls from the Animal Shelter and reconstruct curbs and drainage by December 15, 2005. 3. Construct by the end of the initial term and maintain thereafter until termination or expiration of this License a twenty-four foot wide gravel access road (also known as Eclipse Mill Road) parallel to the BNSF railroad tracks between 36th St. north approximately one thousand six hundred fifty feet, connecting to the existing asphalt access road. Demolish and remove by the end of the initial term the existing three (3) buildings on parcel six (6) as shown on aerial photo map dated September 19, 2005 D. The Contractor shall purchase and maintain such insurance as will protect it from any and all claims, suits, demands, damage, or liability arising out of, or in connection with, this Contract, or resulting from Contractor's (or its subcontractor's or supplier's) performance of, or failure to perform, its express and implied obligations under the Contract, including, but not limited to such claims as may arise out of or result from the Contractor's operations under the Contract, whether such operations be by itself, any subcontractor or supplier, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The contractor's policies shall endorse the City, including its officers, employees, agents and representatives, as additional insureds. The contractor shall comply with the insurance requirements set forth in the General Conditions. Failure to maintain such insurance shall be a material breach of the Contract. City shall be entitled to damages for such a breach that include, but are not limited to, any loss (including, but not limited to, third party litigation expenses and professional fees) suffered by the City of the City is determined to be solely or concurrently negligent, and if the City suffers any loss or must pay or defend against any such claim, suit, demand or damage as a result of such breach. License For Use Of City Property Atkinson-CH2MHill, a Joint Venture Page 2 of 5 15