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6405221v9 <br /> <br />2 <br />449236v2 NE136-8 <br /> <br />1. Encroachment Authorization. The City hereby approves the encroachment on <br />its right-of-way and the Park Property and grants a non-exclusive license to the Owner, the <br />Master Association, and the Single Family Association, and their employees, guests, and <br />invitees, for the construction, installation, maintenance, repair and replacement of the proposed <br />monument, landscaping, underground sprinkler systems, retaining wall, and fence. The fence and <br />retaining wall shall be constructed in accordance with plans and specifications approved in <br />writing by the New Brighton Director of Community Assets and Development. <br /> <br />2. Association Maintenance. On and after the date of this Agreement, the Master <br />Association will maintain, repair, and replace as necessary the monument, landscaping and <br />related underground sprinkler system located within the 14th Street Northwest right-of-way and <br />the landscaping and related underground sprinkler system located within the Northwest Parkway <br />right-of-way. On and after the date of this Agreement, the Single Family Association will <br />maintain, repair, and replace the retaining wall and fence located within the Park Property. The <br />fence and retaining wall shall be maintained in accordance with plans and specifications <br />approved in writing by the New Brighton Director of Community Assets and Development. <br /> <br />3. Limitations and Requirements. This license is subject to the following <br />limitations, requirements, and agreements: <br /> <br />a. This license is limited exclusively to the monument, landscaping, related <br />underground sprinkler systems, retaining wall, and fence the Owner desires <br />to construct and use within the identified Encroachment Area and does not <br />authorize any other improvements to be constructed or placed on the City <br />right-of-way or the Park Property; <br /> <br />b. The Owner shall be responsible for all work and costs to construct and <br />install the monument, landscaping in the 14th Street Northwest right-of-way <br />and related underground sprinkler systems and the retaining wall and fence <br />in the Park Property and all such work shall be limited to the Encroachment <br />Area. The Master Association shall be responsible for all work and costs to <br />maintain, operate, repair, improve and replace the monument, landscaping <br />and related underground sprinkler system in the 14th Street Northwest right- <br />of-way and the landscaping and related underground sprinkler system <br />located within the Northwest Parkway right-of-way as may be needed and <br />all such work shall be limited to the Encroachment Area. The Single Family <br />Association shall be responsible for all work and costs to maintain, operate, <br />repair, improve and replace the retaining wall and fence in the Park <br />Property, as may be needed and all such work shall be limited to the <br />Encroachment Area; <br /> <br />c. Owner shall not suffer or allow any liens, claims and processes to be placed <br />against the City right-of-way or the Park Property as a result of its use of the <br />Encroachment Area including, without limitation, any liens for labor or <br />materials provided for the construction, repair, or maintenance of the <br />monument and landscaping. Master Association shall not suffer or allow <br />any liens, claims and processes to be placed against the City right-of-way as