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A. Mr. Hoffman calls City Park Maintenance Superintendent or designee if <br />above is observed. <br />B. Listed park staff would call trapper within 8 hours of notice from Mr. <br />Hoffman (during normal business hours). If on a weekend, park staff will call on the next <br />business day. <br />C. If applicable, park staff requests permission needed for trapping and beaver <br />dam removal authority from local Department of Natural Resources Conservation Officer. <br />D. Beaver is trapped and removed. <br />E. Park staff is notified of beaver eradication and schedules dam eradication <br />from the Public Water (Trott Brook): <br />i. Upon notification of completion of the beaver eradication, City <br />staff, with authority from local Department of Natural Resources <br />Conservation Officer, will open dam to enhance/maintain the <br />hydrologic capacity of the Trott Brook within 10 business days <br />from said notification. <br />ii. Until dam is eradicated, Robert Hoffman, with documented <br />regulatory approval, has permission to open dam with silage fork <br />(non-motorized equipment) to enhance/maintain the hydrologic <br />capacity of the Trott Brook. <br />5. Limitation of Liability. Licensee acknowledges that its use of the License Area is <br />subject to Licensor’s right to access and use the License Area at any time for purposes related to <br />the operation and maintenance of the Park. Licensee acknowledges that Licensor’s activities in <br />the Park may impact Licensee’s use of the License Area and may result in damage to Licensee’s <br />vehicles or property located in or on the License Area. Licensor shall not be responsible or liable <br />to Licensee for any injury, loss or damage to Licensee or its property, or anyone claiming by or <br />through Licensee, and Licensee assumes all risk of injury, loss or damage to Licensee or its <br />property when located in the License Area. <br />6. Maintenance. Licensee agrees that it’s use of the License Area will comply with <br />all applicable laws, rules and regulations and that Licensee shall minimize its impact on the License <br />Area and leave the License Area in the condition reasonably required by Licensor. <br />7. Indemnity. Licensee shall defend, indemnify and save Licensor and its officers, <br />employees and agents harmless from and against all liabilities, losses, obligations, claims, suits, <br />damages, penalties, causes of action, costs and expenses (including without limitation, court costs <br />and reasonable attorneys’ fees) arising from or relating to Licensee’s use, occupancy or operation <br />of the License Area or any part thereof by Licensee, or any failure on the part of Licensee to <br />perform or comply with any of the terms of this Agreement, or any injury, death, disability or <br />damage to any person or property occurring in or on the License Area in connection with <br />Licensee’s use of the License Area, or any act or omission by Licensee or anyone claiming by or <br />through him. <br /> S-2 <br />