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 CON))ITIONS (Continued)

A. No repair work shall occur unless the permit application is approved and notice to proceed is
given by 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. The permit does not confer any title or interest in the CWCB property. The applicant agrees to
surrender the CWCB property immediately after the emergency is cured in the same condition as
at the commencement of use of the property.
G. The applicant will abide by any and all rules, regulations, and laws that apply within the City,
County, and State.
H. This permit shall be governed by the laws of the State of Colorado.
I. Notwithstanding any other provision of this permit application to the contrary, no term or
condition of any permit granted by the CWCB shall be construed or interpreted as a waiver of
any provision of the Colorado Governmental Immunity Act, ~24-10-101, et seq., CRS as now or
hereafter amended. The applicant understands and agrees that liability for claims for injuries to
persons or property arising out of the negligence of the State of Colorado, its departments,
institutions, agencies, boards, officials and employees is controlled and limited by the provisions
of ~24-10-101, et seq., CRS, as now or hereafter amended and ~24-30-1501, et seq., CRS as now
or hereafter amended.

.

2

-'-

-

~

~
--