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ENCROACHMENTAGREEMEr.t This agreement entered into the . day of • J Lz / Lf , 2000, by and between the City of Moscow, a Municipal Corporation of Idaho, herein nd after referred to as the "CITY", and FIRST PRESBYTERIAN CHURCH OF MOSCOW, herein and after referred to as the "OWNERS", owners of property located at 405 South Van Buren, Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of an eighty (80) foot wide right-of-way located adjacent to premises at 405 South Van Buren Moscow, Idaho; and, WHEREAS, the OWNERS own the premises described at the above address; and, WHEREAS, the OWNERS desire to encroach upon a portion of the presently unused City right-of-way through installation of a sign; and WHEREAS, the CITY is willing to permit such encroachment only under the terms of this agreement for the following reasons: installation of a sign at the proposed location has been demonstrated to be for a non-commercial purpose in a residential zoning district; the 80 foot public right-of-way upon which the sign will be installed is wide enough to adequately accommodate the sign without undue interference with other public uses of the public right-of way; and City allowance of the Encroachment will result in making the trimming of a large, healthy, old-growth spruce tree adjacent to the public right-of-way unnecessary; and WHEREAS, the City by deviating from its public right-of-way policy for the unique reason set out herein does not intend to and does not hereby establish a precedent for allowing encroachment(s) in the public right-of-way. NOW, THEREFORE, the CITY and the OWNERS hereby agree as follows: 1. The CITY will permit the OWNERS to construct the following described encroachment which will encroach upon City right-of-way in the manner described below: A sign installed as specifically allowed by the City • an at the northwest quadrant of the intersection of 6th and Van Buren. 2. The OWNERS hereby assume all liability for the encroachment and shall hold the CITY harmless and defend any claim against the CITY related to said encroachment. 3. The CITY may cause said encroachment to be removed at OWNERS' expense from the City right-of-way by requesting that the OWNERS remove said encroachment within ninety (90) days of receipt of written notice. 4. Should the OWNERS fail to remove said encroachment within ninety (90) days of receipt of said written notice, the CITY may cause said encroachment to be removed without further notice to the OWNERS and the OWNERS shall be responsible for all expenses incurred by the CITY in removing said encroachment, including court costs and reasonable attorney's fees. Page 1 of 2 - Encroachment Agreement ---PAGE BREAK--- 5. For the purpose of this agreement, the addresses of the parties shall be as follows: CITY: City of Moscow OWNERS: P.O. Box 9203 Moscow, ID 83843 First Presbyterian Church of Moscow 405 South Van Buren Moscow, ID 83843 This Encroachment Agreement shall forever run with the land and shall be in full force and effect for so long as said encroachment remains upon City right-of-way. City Clerk, have caused this agreement to be executed on the day of , , 000. IN WITNESS WHEREOF, the OWNERS and the CITY, by and througn . yodo ) )SS ) CITY: known to me to be the persons described in the above document and acknowiedged to me that they are authorized representatives of the OWNERS and that they executed the foregoing agreement. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day and year herein above written. 1 : , ' l ' ' r \ A t , 1R>1 St r " . .'v'L t 't ' t ¥ ' 1 ' t1 ' ---r1't 8 9 : \ ' ' - - - - NOT J¥.fW PUBL!.C f?r ld<)h8 Res1dt!)g at ( r ;Jt>- [j My commission expires: Cl • J £1 · Page 2 of 2 - Encroachment Agreement