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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 Sd{,'J1~ k <;' (,.7l!-() ( City, Slbte & Zip Code