HomeMy WebLinkAbout430 S COLLEGE AVE - CORRESPONDENCE - 1/28/2005 (3)(b) During the time of CSU's occupation of the
Property, the City shall not create any
condition on the Property that could present a
threat to human health or the environment.
The City, to the extent permitted by law,
shall indemnify and hold harmless CSU 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 the
City or by the City's violation of any laws,
ordinances, regulations cr 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. The City shall be liable for all
expenses which may be required to remedy any
condition on the Property caused by the City
in violation of the provisions of this
section. The City agrees that statutory
limitation periods on actions to enforce these
obligations shall not be deemed to commence
until the CSU discovers any such health or
environmental impairment, and the City 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 the City'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
the CSU.
(c) The City shall have the right upon the giving of
twelve (12) hours advance notice (except in the
case of emergency), but not the duty, to enter upon
the Property from time to time to inspect the
Property for environmental contamination and may
conduct soil and groundwater testing. Any such
testing or inspections shall be at the City's
expense. The City will use reasonable efforts to
avoid undue interference by the City with the use
and occupation of the Property by CSU.
(d) Notwithstanding any other provision of this Lease,
the City agrees to take full responsibility and
liability for the removal of a certain underground
fuel storage tank located at the south side of the
Power Plant building on the Property. The City
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