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FROM , : UURIJCD
<br />FAX NO. : 970 641 7606 Jul. 18 2002 01:55PM P4
<br />construction of the structures and facilities required by the final design drawings for the
<br />Whitewater Park, including the bidding and contracting process, all scheduling; I construction
<br />inspection and oversight, and all other matters necessary to assure the proper and timely
<br />completion of construction of the Whttewater Park, and the District shall have no authority or
<br />responsibility with regard to such matters. The District shall have no obligation to share in or
<br />reimburse any costs associated with the design or construction of the Whitewater Park.
<br />5. Ownership of Structures The parties acknowledge that the County owns the land
<br />on which the WMtewater Park will be constructed, including the bed and banks of the Gunnison
<br />River running through the Whitewater Park The County will also own all structures and
<br />facilities constructed on, over or in the Whitewater Park and the Gunnison River in connection
<br />with the whitewater park, and will be solely responsible for their upkeep, operation,
<br />maintenance, repair and replacement. The District shall have no ownership interest in the
<br />Whitewater Park, the bed or banks of the Gunnison River, or any of the structures, facilities or
<br />amenities appurtenant to the Whitewater Park by virtue of this Agreement.
<br />6. Operation Maintenance Repair and Replacement . The County shall have all
<br />authority and responsibility for controlling and overseeing the use, upkeep, operation,
<br />maintenance, repair and replacement of the Whitewater Park and the structures, facilities and
<br />amenities associated therewith, including the whitewater course. The District shall not be
<br />responsible for any costs associated with the construction, operation, maintenance, repair or
<br />replacement of the Whitewater Park or any structures, facilities or amenities associated
<br />therewith_ The County shall be responsible for meeting any water quality requirements whicb .
<br />may be imposed upon the use and operation of the whitewater course,
<br />7. L
<br />iAhfliIY This Agreement is not intended, and shall not be construed, to create
<br />any liability or responsibility of either the District or the County to any third parties, or to
<br />abrogate or diminish any protections and limitations afforded to the parties by the Colorado
<br />Governmental Immunity Act, C.RS. § 24 -10 -101 et seq. as amended, or other law. Without
<br />limiting the foregoing, the County shall indemnify and defend the District, its directors, officers,
<br />employees, agents and assigns, and hold them harmless from and against any and all claims,
<br />damages, demands, actions, losses, liabilities, or expenses of whatever sort, including attorney
<br />fees, for which the District, its directors, officers, employees, agents and assigns may be or
<br />become liable arising out of or in connection with the Whttcwater Park and its associated
<br />structures, facilities and amenities, including any liability which may be imposed upon the
<br />District as a result of flooding, icing, or other conditions of the Gunnison River alleged to have
<br />been caused by the whitewater course.
<br />8. Water Right Acquisition and Maintenance The District shall, at its expense, file
<br />and diligently pursue an application for water rights for the Whitewater Park The Distract has
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