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By signing and submitting this application, the Permittee agrees to the following provisions as a condition of their use of the
<br /> property,
<br /> 1. Liability for claims or injuries to persons or property arising from the negligence of the State of Colorado, its departments,
<br /> institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental
<br /> Immunity Act,C.R.S. §24-10.101 et seq., and the risk management statues, C.R.S. §24-30-1501 et seq., as amended. No term
<br /> or condition of this permit shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
<br /> benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS§24. 10-101 et seq., or the Federal
<br /> Tort Claims Act, 28 U.S.C. §§1346(b)and 2671 et seq., as applicable now or hereafter amended. This permit grants no rights to
<br /> renew or extend and does not grant renewal rights under CRS§36.1-118.
<br /> 2. Permittee assumes all liability arising from the use, occupation or control of the Property by Permittee under this
<br /> permit. This assumption includes, but is not limited to, liability for all personal injuries(including death)and
<br /> environmental and property damage and destruction. Permittee agrees to defend, indemnify and hold harmless the
<br /> State Land Board("Board")from and against any and at(liabilities, losses, damages, liens,expenses, claims,
<br /> demands, debts, obligations, fines, penalties, suits or actions, judgments, and costs of any kind whatsoever arising
<br /> from the use,occupation or control of the Property, caused by any act, omission or neglect of Permittee, or
<br /> Permittee's employees, agents, guests, invitees, contractors or assigns. Permittee further agrees to indemnify the
<br /> Board for any costs, including costs of suit and fees for consultants, experts, and attorneys, incurred by the Board in
<br /> terminating or canceling, enforcing obligations or defending itself against any matter arising under this permit caused
<br /> or permitted by Permittee or Permittee's employees,agents, guests, invitees, contractors or assigns. This provision
<br /> shall survive termination, cancellation or relinquishment of this permit and any cause of action by the Board to
<br /> enforce it shall not be deemed to accrue until the Board's actual discovery of said liability, claim, toss, damage, or
<br /> exposure. This indemnity is in addition to any other indemnity provided for in this permit. Permittee will not be
<br /> responsible for any liability caused by persons granted other uses of the Property by the Board.
<br /> 3. Permittee,at its sole cost and expense,shall during the entire term of this permit procure, pay for and keep in full
<br /> force and effect an occurrence based general liability insurance policy from an insurance carrier licensed to do
<br /> business in Colorado, in an amount not less than one million dollars($1,000,000.00)per occurrence and two million
<br /> dollars($2.000,000.00) aggregate. Permittee, at its sole cost and expense,shall during the entire term of this permit
<br /> procure, pay for and keep in full force and effect a property insurance policy from an insurance carrier licensed to do
<br /> business in Colorado covering all insurable improvements owned by the State Land Board located on the Property in an
<br /> amount not less than necessary to cover the replacement cost. Alt policies shall name the Board as an additional
<br /> insured, shall provide that the coverage is primary and noncontributory over any other insurance coverage available to
<br /> the Board, its agents and employees and shall include a clause waiving all rights of recovery, under subrogation or
<br /> otherwise against the Board,its agents and employees. Failure to buy and maintain the required insurance is a
<br /> default of this permit. Before starting work under this permit, Permittee shall, at the Board's request, furnish a
<br /> certificate of liability insurance, referencing the tease number and reflecting the above requirements. The Board may
<br /> alter any requirements of this section to meet the requirements of the Colorado Governmental Immunity Act or any
<br /> requirements determined by the Colorado Office of Risk Management.
<br /> 4. Permittee shall leave the property in the same condition as it was prior to their use. Upon completion of use or
<br /> access, Permittee agrees to restore said land, if damaged,as determined at the sole discretion of the Board, as near as
<br /> practicable to its original condition, unless otherwise agreed to in writing by the Board.
<br /> 5. If required by the Board,the Permittee shall execute a bond at the time this permit is executed.The bond shall
<br /> consist of cash, bank letter of credit,or other sureties. If the bond is other than cash, the bond must be in a form
<br /> that will guarantee payment in cash to the Board upon receipt by any bank or insurance company of written demand
<br /> by the Board, without further condition. The Bond shall guarantee restoration of said land to a native vegetative
<br /> condition or to such other conditions as may be approved by the Board as well as continued maintenance of the area
<br /> disturbed and/or for other property damage on said lands. The Board shall keep said bond until the Board is satisfied
<br /> that the restoration or damage has been corrected as determined at the sole discretion of the Board.
<br /> 6. Permittee shall strictly comply with all applicable federal state, and local laws, rules,and regulations in effect
<br /> or hereafter established,including, without limitation, laws applicable to discrimination and unfair employment
<br /> practices.
<br /> 7. Colorado taw,and rules and regulations issued pursuant thereto, shall be applied.
<br /> B. A consideration fee may be assessed for temporary access.The fee determined by the Board is non-negotiabte and
<br /> must be paid within one week of approval and/or prior to any access of the property.If payment is not received within
<br /> this time frame, the document is tenminated.
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<br /> Temporary Access Permit Application
<br /> www.trustlands.state.co.us Rev. 20210609
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