BOARD00027 ‎(2)‎

• Board Meeting Date: 9/19/2006
• Description: Flood Protection Section - South Platte River Right of Way - Special Use Agreements
• Board Meetings - Doc Type: Memo

PERMIT CONDITIONS (Continued)

A. No event shall occur unless the permit application is approved and a $100 processing fee
rendered to the CWCB.
B. CWCB maintains the right and authority to amend or cancel the permit at any time should the
applicant fail to abide by conditions agreed to or if public health, safety and welfare issues so
dictate.
C. The applicant shall indemnify, defend and hold harmless the CWCB against any and all rights,
actions, claims, demands, liabilities or damage which may accrue against the applicant or any of
its employees or agents for any injuries or damages to persons or property, as well as costs or
expenses sustained or received as a result of or in connection with the use or preparation for use
of the CWCB property for the event or the presence of any persons, property or invitees of the
applicant on or about the CWCB property. The applicant acknowledges that the CWCB
specifically disclaims all liability for any loss of personal property of the applicant, its
employees, agents or invitees.
D. The applicant hereby releases, waives, discharges and covenants not to sue the CWCB, or
CWCB officers, officials or representatives on account of injury to person or property caused by
negligence of the applicant while the applicant is utilizing the CWCB property for any purpose.
The applicant assumes full responsibility for any property damage caused by the negligence of
the applicant.
E. The applicant agrees to obtain and/or maintain commercial general liability insurance covering
its use of the CWCB's property, with said insurance policy naming the CWCB as an additional
insured, with limits of not less than $1 million ($1,000,000) per occurrence and $1 million
($1,000,000) general aggregate.
F. Approval of the permit application does not confer any title or interest in the CWCB property.
G. The applicant agrees to surrender the CWCB property immediately after the event in the same
condition as at the commencement of use of the property. The applicant shall be responsible at
all times for the immediate repair or replacement of, or reimbursement for any damage to CWCB
property due to applicant's use of the property.
H. The applicant acknowledges that it has inspected the CWCB property to be used for the event
and finds the property suitable for its use relating to the event. The applicant releases the CWCB
from all liability for any and all damages or claims arising from any defects in the property or
unsuitability of the property for the event.
I. The applicant will notify South Suburban Parks & Recreation, The U.S. Army Corps of
Engineers Tri-Lakes Office, the Urban Drainage and Flood Control District, and the City and
County in which the event occurs of the intent to hold this event.
J. The applicant will abide by any and all rules, regulations, and laws that apply within the City,
County, and State.

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