HomeMy WebLinkAbout430 S COLLEGE AVE - CORRESPONDENCE - 1/28/2005 (2)17. Signs and Advertising. CSU shall not erect any signs on
the Property without the City's prior written consent. Such
consent may be given or withheld at the City's sole discretion.
18. Nuisance. CSU shall not permit the existence of any
nuisance on the Property and shall keep the Property in a clean and
safe condition. CSU shall not handle or store any dangerous or
potentially dangerous or explosive, flammable or combustible
materials or any hazardous or toxic materials, as defined under
state and/or federal law, except in such manner as is required
pursuant to state and/or federal law; and shall not permit the
accumulation of junk, debris, or other unsightly materials.
19. Environmental Concerns. It is understood and agreed
between the parties that certain environmental and safety issues
are of utmost importance to the City in the offering of this Lease
to CSU and to CSU in accepting an interest as a tenant hereunder.
Accordingly, the parties agree as follows:
(a) During the time of CSU's occupation of the
Property, CSU shall not create or permit any
condition on the Property that could present a
threat to human health or the environment. CSU, to
the extent permitted by law, shall indemnify and
hold harmless the City from any suit or claim
arising out of any damages to the extent caused,
in whole or in part, by an unhealthful, hazardous
or dangerous condition caused by, contributed to or
aggravated by CSU or.by CSU's violation of any
laws, ordinances, regulations or requirements
pertaining to solid or other wastes, chemicals, oil
and gas, toxic, corrosive or hazardous materials,
air, water (surface or- groundwater) or noise
pollution or the storage, handling, use or disposal
of any such material. CSU shall be liable for all
expenses which may be required to remedy any
condition on the Property caused by CSU in
violation of the provisions of this section. CSU
agrees that statutory limitation periods on actions
to enforce these obligations shall not be deemed to
commence until the City discovers any such health
or environmental impairment, and CSU hereby
knowingly and voluntarily waives the benefits of
any shorter limitation period. Notwithstanding the
foregoing, the statutory limitations period under
Colorado law for any action to enforce CSU's
obligations under this Section shall commence no
later than one (1) year after the termination or
expiration of this Lease and vacation of the
property by CSU.
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