Encroachment agreement-2009 - Laserfiche WebLink

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• The riprap must be installed in the Right-of-Way Area per the plan attached hereto as Exhibit"B." 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights to the Right-of-Way Area. 3. The Landowner shall be responsible for all costs relating to maintenance and repair of the riprap. This maintenance agreement is a personal obligation of the Landowner and shall be binding upon the heirs, executors, administrators, successors, and assigns of the Landowner. 4. The Landowner, his heirs, assigns, and successors in interest, does hereby agree to defend, indemnify, and hold the City harmless from all costs and expenses, claims and liability, including attorney's fees, relating to or arising out of the grant to the Landowner of permission to encroach in the Right-of-Way Area for the maintenance, use, operation, and the like of the riprap. The Landowner fizrther agrees to indemnify and hold the City harmless from any damage caused to the subject property caused in whole or part by the encroachment into the Right-of-Way Area. 5. The City may, at its sole discretion, terminate this Agreement at any time by giving the then current owner of the subject property a minimum of thirty (30) days advance written notice. The property owner shall remove the riprap by the effective date of the termination of this Agreement without payment. If the owner fails to do so, the City may remove the riprap and assess the cost against the subject property. 6. This Agreement shall automatically terminate in the event any of the following occur: • Voluntary removal of the riprap. • Involuntary removal of the riprap. 7. This Agreement shall run with the land and shall be recorded against the title to the subj ect property. 2