06-19-2017 Planning Commission Packet

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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 MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: I. The City hereby approves the encroachment of 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. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights to the Right-of-Way Area and the Lakeshore Parcel. 3. The Landowner shall be responsible for all costs relating to installation. 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, her 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 and the Lakeshore Parcel for the maintenance, use, operation, and the like of the riprap. The Landowner further 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 and the Lakeshore Parcel. 5. The City may, at its sole discretion, terminate this Agreement at any time by giving the then current owner(s) of the subject properties 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 2