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RIGHT-OF-WAY CONTRACT Project No: STP-M-7564(004) Parcel No: 11 Key No: = 03=5 4= 6 _ County: L at a h _ THIS AGREEMENT, in consideration of the execution and delivery by Grantor to City of the Permanent Easement and Temporary Construction Easement for City of Moscow Project STP-M-7564ey No. 03546, Parcel No. 11 (the "Project") described below, is made this _i_i!!_day of , 2013 between the CITY OF MOSCOW, IDAHO, by and through the Moscow Ctty Council, by its Mayor or the authorized representative, herein called "CITY" and Billie F. Frazier and Lorraine J. Frazier, herein called collectively "GRANTOR." NOW THEREFORE, the parties hereto agree as follows: 1. CITY shall pay GRANTOR and the lien holder if any, such sums of monies as are set out below. GRANTOR agrees to pay all taxes and assessments due and owing, including those for year /3 ; and GRANTOR shall execute and deliver to CITY notarized Permanent Easement in the form attached hereto. 2. This Agreement shall not be binding unless and until executed by the Mayor of CITY or the authorized representative. 3. CITY agrees to indemnify, save, protect, defend and hold harmless GRANTOR from and against any and all loss, liability, expense, claims, suits and damages, including attorney fees arising out of or connected to CITY's operations, activities and/or improvements undertaken pursuant to this Agreement, excepting such claims to the extent arising from negligence of GRANTOR, its successors or assigns. CITY further agrees to assume responsibility for any damages proximately caused by reason of CITY's undertakings under this Agreement, and CITY, will, at its option, either repair or pay for such damage. 4. CITY shall bear and pay, without the imposition of any lien or charge on or against all or any portion of GRANTOR's real property, all costs and expenses of construction and maintenance of the improvements in connection with the Project. 5. CITY shall construct the improvements in connection with the Project in a workmanlike manner and in compliance with the applicable statutes, ordinances, rules and regulations of all governing public authorities. 6. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the grant of said right-of-way and shall relieve CITY of all future claims or obligations on that account or on account of the location, grade and construction of the proposed public improvement. RIGHT-OF-WAY CONTRACT Page 1 of2 ---PAGE BREAK--- 7. GRANTOR represents that, to the best of GRANTOR's knowledge, no hazardous materials have been stored or spilled on the subject property during GRANTOR's ownership or during previous ownerships at least insofar as GRANTOR observed or has been informed. In the alternative, if GRANTOR has knowledge of storage or spill of hazardous materials on the subject property, that information is set out below. This sale is conditioned upon full disclosure of any such information. 8. GRANTOR agrees to give CITY legal and physical possession of the easement herein purchased by CITY on 3 0 d ay'..5 or upon GRANTOR's receipt of payment, whichever is later in time. 9. GRANTOR shall execute and deliver to CITY or its designated representative a notarized, Temporary Construction Easement of ingress and egress for construction purposes in the form attached hereto, which Temporary Construction Easement will terminate upon completion of construction. 10. CITY will pay GRANTOR for right-of-way as follows: 319 sq/ft of land for a Permanent Easement 399 sq/ft Temporary Construction Easement Improvements Per Administrative Settlement, March 18, 2013 TOTAL JUST COMPENSATION $5,300.00 $1,108.00 $1,078.00 $2,500.00 $9,986.00 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF MOSCOW, IDAHO Recm ""nended for A pro a RIGHT-OF-WAY CONTRACT Page 2 of2 GRANTOR Lorraine J. Frazier