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- ' 475772 PERMANENT UTILITY AGREEMENT THIS PERMANENT UTILITY AGREEMENT (hereinafter "Agreement") is made and entered into by and between GRITMAN MEDICAL CENTER, INC., (hereinafter "GRITMAN"), a non-profit Idaho corporation, 700 Sonth Main Street, Moscow, Idaho, 83843, and CITY OF MOSCOW, IDAHO (hereinafter "CITY"), a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843. WHEREAS, to assure CITY that a legal instrument will be granted by GRITMAN to CITY to secure and to preserve CITY utilities and franchised utilities (hereinafter collectively referred to as "Utilities'') which are currently within the Eighth Street right-of-way planned to be vacated in order to accommodate the expansion plan GRITMAN presented to City Council on November 5, 2002; and WHEREAS, GRITMAN desires to comply with provisions related to the granting of an easement for Utilities contained within Moscow City Ordinance 2001-22; NOW THEREFORE, I. GRITMAN agrees: A. Grant of Permanent Access and Utility Easement. 1. GRITMAN, as Grantor, grants to CITY, as Grantee, and its successors and assigns, a permanent easement and right -of-way for Utilities, together with the attendant customary nses, including ingress and egress, over, through, across and along, and the right to go upon, occupy and use the portion of the former Eighth Street right-of-way, of at least twenty feet (20') in width, located no closer than ten feet (10') from the southernmost edge of the new hospital building and not further south than the north boundary of lot 3 and lot 12 of block l of the Sunnyside Addition to the City of Moscow, Latah County, Idaho; and, 2. Such Permanent Access and Utility Easement is made for the purpose of operating, maintaining, having access to, altering, improving, removing and/or repairing Utilities; and 3. GRITMAN agrees that it and its heirs, successors or assigns shall not build or place any new encroachment thereon which will unreasonably interfere with the right of CITY to exercise this Permanent Access and Utility Easement; and 4. CITY, its agents, contractors, heirs, and/or assigns, shall have the right to perform any maintenance and repair it may deem necessary or wish to exercise in connection with the aforesaid Permanent Access and Utility Easement (including, but not limited to, operating, maintaining, having access to, altering, improving, removing and/or repairing Utilities). B. To submit engineering drawings and infrastructure design plans for relocated Utilities to CITY for final approval, such approval not to be unreasonably withheld; and C. To pay all costs associated with the relocation of Utilities from their present location in Eighth Street between Washington Street and Main Street to the Permanent Access and Utility Easement described hereinabove at LA. I. or as later more precisely described as provided hereinbelow at !LB. I A 2002-53 ---PAGE BREAK--- II. CITY agrees: A. That the terms of this Agreement fulfill the assurances required by Ordinance No. 2001-22, Section 2, No. B. That, as construction of the new hospital building proceeds and after the exact permanent location of Utilities becomes known, GRITMAN will draw up and CITY will accept a more precisely described permanent Utility easement which shall still provide the access required by CITY as contained in Moscow City Ordinance 2001-22. IN WITNESS WHEREOF, the parties hereto set their hands. December DATED this day ofh, 2002. CITY 0 MOSCOW, IDAHO / ACKNOWLEDGMENT . ' . -