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' <br /> a. The riprap must be installed in the Right-of-Way Area per the plan attached hereto as <br /> E�chibit`B." <br /> 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights to the <br /> Right-of-Way Area. <br /> 3. The Landowners shall be responsible for all costs relating to maintenance and repair of the <br /> riprap. This maintenance agreement is a personal obligation of the Landowners and shall be <br /> binding upon the heirs, executors, administrators, successors, and assigns of the Landowners. <br /> 4. The Landowners, their heirs, assigns, and successors in interest, does hereby agree to defend, <br /> indemnify, and hold the City harmless from all costs and expenses, claims and liability, <br /> including attorney's fees, relating to or arising out of the grant to the Landowners of permission <br /> to encroach in the Right-of-Way Area for the maintenance, use, operation, and the like of the <br /> riprap. The Landowners further agrees to indemnify and hold the City harmless from any <br /> damage caused to the subject property caused in whole or part by the encroachment into the <br /> Right-of-Way Area. <br /> 5. The City may, at its sole discretion, terminate this Agreement at any time by giving the then <br /> current owner of the subject property a minimum of thirty (30) days advance written notice. <br /> The property owner shall remove the riprap by the effective date of the termination of this <br /> Agreement without payment. If the owner fails to do so, the City may remove the riprap and <br /> assess the cost against the subject property. <br /> 6. This Agreement shall automatically terminate in the event any of the following occur: <br /> a. Voluntary removal of the riprap. <br /> b. Involuntary removal of the riprap. <br /> 2 <br />