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HomeMy WebLinkAbout430 S COLLEGE AVE - CORRESPONDENCE - 1/28/2005 (5)up activities as will make the Property habitable by CSU, or, in the alternative, summarily terminate this Lease, provided, however, that in the event that the City shall determine not to clean up these contaminants, CSU hereby reserves the right to perform such clean up activities as it deems necessary, at its sole expense. (h) During the first six (6) months of this Lease, CSU will perform a safety review of the Power Plant building and the Property and will report the results of said review to the City. The City shall be responsible for correcting any safety deficiencies that existed upon the Property at the commencement of this Lease, to the extent that any such deficiencies present a clear and present danger to the safety of CSU and its occupation of the Property. Any other minor safety deficiencies may either be remedied by CSU at its sole expense or may be remedied jointly by CSU and the City if mutually agreed upon. (i) Certain level 1 environmental assessments and other environmental tests with respect to the Property as described on Exhibit "C" attached have been conducted by the City and/or CSU. CSU shall have no liability for any environmental conditions or matters reflected on such assessments, since such conditions pre -dated CSU's use and occupancy of the. Property. The City does not know of any environmental hazards or contamination not reflected in the identified assessments and specific tests described on Exhibit "C." 20. Site Condition. (a) CSU acknowledges that the City is constructing or will construct a hiking/bike trail upon the Property and that the City will maintain control of the right-of-way for such trail approximately fifty (50) feet in width along the south bank of the Cache La Poudre River. It is agreed that CSU shall have no responsibility for the maintenance of the trail or of the trail right-of-way. The City agrees to repair any damage to the property resulting from the construction of the trail. (b) CSU also acknowledges that the State of Colorado intends to construct a new bridge across the Cache La Poudre River at its intersection with North College Avenue and that, as a result of such construction, a portion of the "grounds" along - 9 of 17 -