Boulder Park Inc 2/12/2018 - Laserfiche WebLink

12. NON-INTERFERENCE WITH CITY USE. BPI's use of the Biosolids Pad shall not interfere in any way with any City, or authorized third party,use of the property, including utilities and travel. 13. RELOCATION. BPI shall relocate or remove,whichever the City requires, all or any part of its property (including biosolids)located on the Biosolids Pad due to maintenance, repair,or construction of City's property or a City improvement. BPI shall commence the relocation or removal within thirty(30)days of notice by the City that BPI must relocate or remove property and materials. If BPI fails to commence the relocation or removal as required or,having commenced it, fails to proceed with reasonable dispatch,the City shall, in addition to its remedy for damages, be entitled to specific enforcement of BPI's obligation hereunder and shall also have the right and authority to remove, at BPI's expense, such portion of the materials as BPI has failed to relocate or remove without incurring any liability whatsoever. This right is in addition to any other rights at law or in equity. 14. REPAIR OF PROPERTY. BPI shall use care to avoid damaging or destroying property by reason of its operations pursuant to this License Agreement. Any damage caused by BPI to City or other property shall be promptly repaired or replaced by BPI to the satisfaction of the City, or in lieu of such repair or replacement, BPI shall pay,to the City or owner of other property, money in an amount sufficient to compensate for the loss sustained by reason of damage to or destruction of the City's or another party's property or improvements. 15. RISK OF LOSS TO BPI'S PROPERTY. BPI bears all risk of any and all damage and loss to its property being stored on the site. All biosolids delivered to the Biosolids Pad under this License Agreement are the property of BPI. 16. PRIOR NOTICE OF INSTALLATION. Prior to any installation of materials other than biosolids within the Biosolids Pad, BPI will supply the City with a drawing and any necessary specifications relating to BPI's use of the City's property. BPI must obtain City approval of the proposed area and installation of materials and their location prior to installation. The City's review, comments, and approval shall not create any City liability for any action or inaction relating to such review, and BPI shall remain wholly responsible for the safety, adequacy, suitability,utility,and constructability of its materials. 17. NO WARRANTY. The City does not warrant its title and ownership of the Biosolids Pad. 18. NON-EXCLUSIVE. This License Agreement is not exclusive. The City is not prohibited from granting permission to others to occupy or use portions of the Biosolids Pad where such uses are not inconsistent with this License Agreement. Page 4