|
3. Lessee shall comply with all applicable environmental laws in developing and maintaining the
<br />multi -use recreational trail.
<br />4. Lessee shall have sole responsibility for maintaining the Leased Premises (trash pickup, etc.)
<br />and provide police patrols. Lessee shall not make any permanent improvements to the Leased
<br />Premises other than paving for a multi -use recreational trail (the "Permitted Improvements ").
<br />Upon expiration or termination of this lease (including any renewal periods), the Permitted
<br />Improvements shall become the property of Lessor.
<br />5. Notwithstanding Lessee's rights hereunder, Lessee acknowledges and agrees that Lessor shall
<br />have the right to continue to use the Leased Premises for the purpose of installation,
<br />maintenance, or removal of water transmission lines or facilities ( "Lessor Facilities "); that
<br />Lessor shall have the right to cause the temporary interruption of the use of the Permitted
<br />Improvements and/or the Leased Premises in general for the purpose of installing, maintaining,
<br />or removing Lessor Facilities; and that Lessee shall not construct the Permitted Improvements in
<br />such a manner as to unreasonably limit access to, or damage or materially impair, the Lessor
<br />Facilities. Lessee further agrees that, without limitation, Lessor shall have the right to access the
<br />Permitted Improvements for the purpose of tree clearing to protect the Lessor Facilities. In the
<br />event the Lessor Facilities are damaged or otherwise materially impaired as a result of the
<br />Lessee's construction or maintenance of the Permitted Improvements, Lessee shall promptly
<br />reimburse Lessor's cost to repair the damage or address the impairment.
<br />6. Lessee shall not introduce, or permit the introduction of, any hazardous material (as said term
<br />is defined in any applicable local, state or federal law or regulation) onto, into or under the
<br />Leased Premises, and Lessee shall be responsible for remediating any hazardous material (or
<br />condition resulting in whole or part from the introduction of a hazardous material) introduced
<br />onto the Leased Premises in violation of this Section 6 or in violation of the terms and conditions
<br />of the Prior Lease.
<br />7. Lessee, and its successors or assigns, agrees, to the extent permitted by law, to indemnify, save
<br />harmless and defend the Lessor from and against any and all claims, losses, costs, expenses,
<br />demands, suits and/or damages to persons or property which may arise from or in connection
<br />with the use of the Leased Premises by the Lessee and/or the public, or resulting from the
<br />construction, maintenance or removal of the Permitted Improvements by or at the direction of the
<br />Lessee. In the event that any such suit, claim or proceeding shall be brought against the Lessor,
<br />either independently or jointly with Lessee, then Lessee, its successors or assigns, will defend
<br />and indemnify the Lessor from and against any and all claims, losses or expenses, including but
<br />not limited to attorneys fees, which either or both of them may suffer, pay or incur as a result of
<br />claims, proceedings due to, arising out of, or in connection with this lease or the Prior Lease,
<br />including claims of damage, real or alleged. Lessee, or its successors or assigns, shall upon
<br />written demand by the Lessor, insure and defend Lessor at its sole expense against any and all
<br />such suits or claims. Provided however that notwithstanding the foregoing, Lessee shall not be
<br />required to indemnify Lessor for claims or damages proximately caused by the negligence or
<br />intentional misconduct of Lessor in the installation, maintenance or removal of Lessor Facilities.
<br />
|