Encroachment Agreement- June 2007

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D. Landowner desires to install riprap along the shoreline of Lake Minnetonka, located within the Right-of-Way Area and within the Lakeshore Parcel. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTLTAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. The City hereby approves the encroachment af riprap into the Right-of-Way Area and the Lakeshore Parcel subject to the following: • The riprap must be installed in the Right-of-Way Area and within the Lakeshore Parcel per the survey compilation attached hereto as Exhibit"B." 2. Nothi.ng in this Agieement shall be deemed a waiver or abandanment of the City's rights to the Right-of-Way Area and the Lakeshore Parcel. 3. The Landowner shall be responsible for alI costs relating ta insta.11ation, maintenance and repair of the riprap. This znaintenance agreement is a personal obligation of the Landowner and shall be bindi.ng upon the heirs,execu�ors,administrators,successors,and assigns of the Landowner. 4. The I,andowner, her heirs, assigns, and successors in interest, does hereby agree to defend, indemnify, and hold the City harrriless 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 iri the Right of-Way Area and the Lakeshore Pat�cel for the maintena.nce, use, opera.tion, and the like of the riprap. T'he Landowner fiarther agrees to indemnify and hold the City harmless from any dama.ge caused to the subject property caused in whole or part by the encroachment into the Right-of- Way Area and the Lakeshore Parcel. 5. The City may,at its sole discretion,ternunate ttus Agreemerrt at any time by giving the then current owner(s) of the subject properties a minimum of thirty (30} days advance wi�itten notice. The pmperty owner shall remove the riprap by the effective date of the termination of this Agreement 2