2015.01.27 CC Packet Comined - Laserfiche WebLink

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