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6405221v9
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<br />449236v2 NE136-8
<br />a result of its use of the Encroachment Area including, without limitation,
<br />any liens for labor or materials provided for the construction, repair, or
<br />maintenance of the monument and landscaping. Single Family Association
<br />shall not suffer or allow any liens, claims and processes to be placed against
<br />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, landscaping, retaining wall, and fence;
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<br />d. The City makes no representations or warranties as to the condition of the
<br />right-of-way, the Park Property, or the Encroachment Area, or their
<br />suitability of use for the monument, landscaping, retaining wall, and fence;
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<br />e. The Owner, the Master Association and the Single Family Association
<br />assumes all risk with respect to their activities within, and use of, the
<br />Encroachment Area; and
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<br />f. Nothing herein shall be construed as limiting the City’s right to use the
<br />Encroachment Area, right-of-way, or the Park Property.
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<br />4. Term and Revocation. This Agreement shall commence on the date first written
<br />above and shall continue until terminated by mutual agreement of the parties or until revoked by
<br />the City. The City may revoke this license and terminate this Agreement as to any part, or all, of
<br />the Encroachment Area at any time upon providing the Owner, the Master Association and the
<br />Single Family Association at least 60 days’ written notice of revocation. The Master
<br />Association’s and the Single Family Association’s obligation to remove the monument and to
<br />indemnify the City shall survive the revocation or termination of this Agreement.
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<br />5. Removal of Monument. The Master Association shall be responsible, at its own
<br />cost, for completely removing the monument from the Encroachment Area upon receipt of a
<br />notice of revocation from the City. The Master Association shall, within a reasonable time,
<br />given the time of year, remove the monument and restore the Encroachment Area to a condition
<br />consistent with the surrounding property.
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<br />6. Removal of the Underground Sprinkler Systems. The Master Association
<br />shall be responsible, at its own cost, for completely removing the underground sprinkler systems
<br />within the portion of the Encroachment Area that is in the 14th Street Northwest right-of-way and
<br />the Northwest Parkway right-of-way upon receipt of a notice of revocation from the City. The
<br />Master Association shall, within a reasonable time, given the time of year, remove underground
<br />sprinkler system and restore the Encroachment Area to a condition consistent with the
<br />surrounding property.
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<br />7. Indemnification. The Owner shall indemnify, hold harmless and defend the
<br />City, its officials, employees, contractors and agents, from and against any and all claims, losses,
<br />proceedings, damages, causes of action, liability, costs or expenses (including reasonable
<br />attorneys’ fees), arising from or in connection with or caused by any act, omission or negligence
<br />of the Owner, its contractors, licensees, invitees, agents, servants or employees in connection
<br />with the construction of the monument, the landscaping, the underground sprinkler systems, the
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