Common use of Use and Condition of the Property Clause in Contracts

Use and Condition of the Property. 5.1 ▇▇▇▇▇▇ agrees that ▇▇▇▇▇▇’s use of the Property is strictly limited to the growing and cultivating of the type(s) of crop(s) which are mutually agreed upon between the City and Lessee and for no other purposes. In connection therewith, ▇▇▇▇▇▇ agrees to thoroughly plow, irrigate, cultivate, fertilize and farm all farmable lands upon the Property in a responsible and prudent farm-like manner. This Lease does not authorize Lessee to permit stock of any kind to run in any field on the Property. 5.2 Lessee agrees that ▇▇▇▇▇▇’s use and occupancy of the Property shall be subject to all applicable laws, rules, rulings, codes, regulations and ordinances of any governmental authority, either now in effect or hereafter enacted, having jurisdiction over the Property and ▇▇▇▇▇▇’s use, occupancy and operations thereon. ▇▇▇▇▇▇ agrees that Lessee shall not use nor permit the Property to be used for any other purpose or in any other fashion or manner contrary to this Lease or the laws, ordinances, codes or regulations of any governmental unit or agency exercising jurisdiction over the Property or any use thereon. 5.3 Lessee agrees to maintain, clean and repair all aspects of the Property at Lessee’s sole cost and expense, including, but not limited to driveways, fences, gates, ditches, headgates, piping and other irrigation facilities located upon the Property, and to not allow irrigation water to overrun any furrows or otherwise cause damage to the Property or to the real or personal property of any other party. ▇▇▇▇▇▇ agrees that the City shall not be obligated nor required to repair damages to any portion or aspect of the Property. 5.4 ▇▇▇▇▇▇ agrees to make a reasonable effort to keep the Property free from noxious weeds. ▇▇▇▇▇▇ further agrees that ▇▇▇▇▇▇ shall not commit nor permit waste, damage or injury to the Property. 5.5 Lessee has inspected the Property, the rights and privileges appurtenant thereto, and the rules, regulations, codes and ordinances governing Lessee’s use, occupancy and operations thereon. ▇▇▇▇▇▇ agrees that the condition of the Property and such rights, privileges, rules, regulations, codes and ordinances are sufficient for the purposes of Lessee. The City makes no warranties, promises or representations, express or implied, that the Property is sufficient for the purposes of Lessee. If the Property is damaged due to fire, flood or other casualty, or if the Property or any aspect thereto is damaged or deteriorates to the extent where it is no longer functional for the purposes of Lessee, the City shall have no obligation to repair the Property nor to otherwise make the Property usable or occupiable; damages shall be at Lessee’s own risk. 5.6 ▇▇▇▇▇▇ agrees the property is subject to a City lease option and lease with a third party for telecommunication tower(s) and supporting equipment of tower(s). Telecommunications lessee shall have reasonable ingress and egress to and from the premises to conduct surveys, inspections, structural soil tests, excavation, tower construction, maintenance, repair and/or upgrade, installation, maintenance, improvement/upgrade of ground equipment, and other related activities during any lease period at any time of any day or night. The City in its sole discretion may determine the location and area of the tower and equipment lease.

Use and Condition of the Property. 5.1 ▇▇▇▇▇▇ Lessee covenants and agrees that ▇▇▇▇▇▇’s its use of the Property is strictly limited to the growing and cultivating use of the type(s) surface of crop(s) which are mutually agreed upon between the City Property and Lessee and that it will not use the groundwater from the site for no other purposesany purpose, construct ▇▇▇▇▇ or any means of exposing groundwater to the surface. In connection therewith, ▇▇▇▇▇▇ also agrees to thoroughly plowmake application and follow City development requirements, irrigateincluding, cultivatebut not limited to, fertilize prior written approval of construction plans, designs, and farm all farmable lands upon specification. Any habitable structures constructed on the Property in shall employ a responsible radon ventilation system or other radon mitigation measures, as required by the State of Colorado. Any use of the Property shall not adversely impact groundwater quality nor interfere with groundwater remediation under State and prudent farm-like manner. This Lease does not authorize Lessee to permit stock of any kind to run in any field on the Propertyfederal law or regulations. 5.2 Lessee agrees that ▇▇▇▇▇▇’s its use and occupancy of the Property shall be subject to all applicable laws, rules, rulingsregulations, codes, regulations rulings, and ordinances of any governmental authority, either now in effect or hereafter enacted, having jurisdiction over the Property and ▇▇▇▇▇▇’s use, occupancy occupancy, and operations thereon. ▇▇▇▇▇▇ agrees that Lessee it shall not use nor permit the Property to be used for any other purpose or in any other fashion or manner contrary to the provisions of this Lease or the laws, ordinances, codes codes, or regulations of any governmental unit or agency exercising jurisdiction over the Property or any use thereon. 5.3 Lessee agrees to maintain, clean clean, and repair all aspects of the Property at Lessee▇▇▇▇▇▇’s sole cost and expense, including, but not limited to to, driveways, fences, gatesparking spaces, ditcheslights, headgates, piping and other irrigation facilities or gates located upon or hereafter constructed by Lessee on the Property, and to not allow irrigation water to overrun any furrows or otherwise cause damage to the Property or to the real or personal property of any other party. ▇▇▇▇▇▇ agrees that the City shall not be obligated nor required to repair damages to any portion or aspect of the Property. 5.4 Lessee has caused for and otherwise inspected the Property, the rights, and privileges appurtenant thereto, and the rules, regulations, codes, and ordinances governing Lessee’s use, occupancy, and operations thereon. ▇▇▇▇▇▇ agrees that the condition of the Property and such rights, privileges, rules, regulations, codes, and ordinances are sufficient for the Lessee’s purposes. The City makes no warranties, promises, or representations, express or implied, oral, or written, that the Property is sufficient for the purposes of the Lessee. If the Property is damaged due to fire, flood, or other casualty, or if the Property or any aspect thereto is damage or deteriorates to the extent where it is no longer functional for the purposes of the Lessee, the City shall have no obligation to repair the Property not to otherwise make the Property usable or occupiable, damages shall be at Lessee’s own risk. 5.5 ▇▇▇▇▇▇ agrees to make a reasonable effort to keep the Property free from noxious weeds. ▇▇▇▇▇▇ further agrees that ▇▇▇▇▇▇ it shall not commit waste nor permit waste, damage damage, or injury to the Property. 5.5 Lessee has inspected the Property, the rights and privileges appurtenant thereto, and the rules, regulations, codes and ordinances governing Lessee’s use, occupancy and operations thereon. ▇▇▇▇▇▇ agrees that the condition of the Property and such rights, privileges, rules, regulations, codes and ordinances are sufficient for the purposes of Lessee. The City makes no warranties, promises or representations, express or implied, that the Property is sufficient for the purposes of Lessee. If the Property is damaged due to fire, flood or other casualty, or if the Property or any aspect thereto is damaged or deteriorates to the extent where it is no longer functional for the purposes of Lessee, the City shall have no obligation to repair the Property nor to otherwise make the Property usable or occupiable; damages shall be at Lessee’s own risk. 5.6 ▇▇▇▇▇▇ agrees the property is subject to a City lease option and lease with a third party for telecommunication tower(s) and supporting equipment of tower(s). Telecommunications lessee shall have reasonable ingress and egress to and from the premises to conduct surveys, inspections, structural soil tests, excavation, tower construction, maintenance, repair and/or upgrade, installation, maintenance, improvement/upgrade of ground equipment, and other related activities during any lease period at any time of any day or night. The City in its sole discretion may determine the location and area of the tower and equipment lease.