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WHEREAS, the Owner desires to construct and maintain the parking lot and sidewalk shown in Exhibit A attached hereto (“Plans”)for the benefit of the Owner’s Property; NOW THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties agree as follows: 1.The Owner shall have the right to construct, maintainand repair the parking lot and sidewalkssubject to the terms and conditions of this Agreement. 2.The parking lot and sidewalks shall be constructed, maintained and repaired by the Owner at the Owner’s sole cost and expense holding the City free and clear of same. The Owner shall maintain the parking lot and sidewalks in a neat, clean and safe condition. 3.The Owner shall be responsible for obtaining and paying for all permits, variances, approvals, costs, fees and other expenses necessary to construct, maintain and repair the parking lot and sidewalk. The Owner shall construct, maintain and repair the parking lot and sidewalkin compliance with all laws, rules, regulations, codes and ordinances imposed by all governmental authorities which have jurisdiction over the Right of wayArea. 4.The Owner hereby covenants and agrees to release, indemnify, defend and hold the City, and its mayor, council, officers, employees and agents, harmless from and against any and all claims, losses, liabilities, demands, actions, judgments, damages, penalties, fines, costs and expenses (including attorney’s fees incurred by the City) arising out of or related to: (a) the construction, maintenance and repair of the parking lot and sidewalks (b) the existence of the parking lot and sidewalks on the right-of-way, (c) The Owner’s use of the parking lot and sidewalks and the right-of-way, and (d) any breach by the Owner of the covenants and agreements in this Agreement.