Waiver of All Claims For Damage to Private Streets
WAIVER OF ALL CLAIMS
FOR DAMAGE TO PRIVATE STREETS
The City of Salina, Kansas, is a City of the First Class within the State of Kansas
(hereinafter referred to as "the City"). (.I
~>,cJ~rf.". MJ-..
Flor de Sol H.""owntr-(hereinafter referred to as "the Association") is a
homeowners association within the corporate limits of the City of Salina, Kansas, organized as a .
Kansas \'1Q"-r....~t Q..o"ro r~h~D-\ot.. ~
The Association owns private streets, including curbs and gutters, constructed within
common area owned by the Association (the "privately owned streets").
The City, upon request of the Association, provides a variety of City services to the
Association and its homeowner members, including, without limitation:
Trash pick up
Water and sanitary sewer utility installation, repair, and maintenance
Limb removal resulting from community-wide storm damage
Fall leaf collection
To deliver the requested City services often requires the operation of vehicles, machinery
and equipment upon the Association's privately owned streets.
Inasmuch as there is always the possibility that the privately owned streets, including
curbs and gutters, may suffer damage from the vehicles, equipment and machinery utilized by
the City to deliver the requested services and in partial consideration of the services to be
provided by the City to the Association and its members, the undersigned does hereby agree, on
behalf of the Association and its members to waive, release, hold harmless and indemnify the
City for all claims for damage or loss to the privately owned streets, including curbs and gutters,
that may be caused by any act, or failure to act, of the City, its officers, agents, or employees
arising out of the City's use of the privately owned streets to provide the requested City services
to the Association or any member. In executing this waiver and release, the undersigned, on
behalf of the Association and its members, acknowledges and agrees that the type of vehicles,
machinery and equipment to be utilized by the City in the delivery of services to the Association
is a determination totally at the discretion of the City, its onicers, agents or employees.
Dated this :A.'t~ day of 5'ef+e",-"'n- 200 '7.
Name of Association:
Association Address: ,,:;; 0 g- F /0 v clt> 5;;1 0,...
Street & Post Office Box
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City, Slbte & Zip Code