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No. AT THE REQUEST OF: t177oAqtfJ((fuWtR· ozvr- . !J-7 ENCROACHMENT AGREEMENT 618 EAST FIRST STREET ·V BY AND BETWEEN CITY OF MOSCOW, IDAHO LATA!uJJUr"#$g%&DER Fae $ BY t AND ROMAN CATHOLIC DIOCESE OF BOISE, IDAHO J 117WX 9/oJ A'ttJ.JC'iN THIS ENCROACHMENT AGREEMENT 618 EAST FIRST STREET BY AND BETWEEN CITY OF MOSCOW, IDAHO AND ROMAN CATHOLIC DIOCESE OF BOISE, IDAHO (hereinafter "Agreement") entered into the 't3 day of , 2012, by and between City of Moscow, Idaho, a municipal corporation of the State ofldaho, (hereinafter "CITY"), 206 East 3rd Street, Moscow, Idaho, 83843, and Roman Catholic Diocese of Boise, 1501 S. Federal Way, Suite 400, Boise, Idaho, 83705 (hereinafter "OWNER"), owner of property located at 618 East First Street, Moscow, Idaho, 83843. W I T N E S S E T H: WHEREAS, CITY is the owner of the public property described generally as the public alley right-of-way located north of First Street between Polk Street and Howard Street; and WHEREAS, OWNER is the exclusive and sole owner of the premises commonly known as St. Mary's Catholic Church, located at 618 East First Street, and identified as Latah County Parcel No. RPM117000800 1 0; and, WHEREAS, OWNER desires to encroach upon a portion of CITY's alley right-of-way for the purpose of constructing a private storm line and for maintaining an existing pedestrian ramp which extend, respectively, the full width of the alley and approximately three feet into such alley right-of-way contiguous with and along twenty one (21) and seven feet sections of frontage of OWNER's property, as shown on Exhibit A; and WHEREAS, CITY is willing to allow such encroachment only to the extent set out herein; NOW, THEREFORE, CITY and OWNER hereby agree as follows: 1. Description. CITY will permit OWNER to maintain the following described encroachments upon CITY right-of-way to the extent and in the manner described below: A. Premises. CITY owned property described as the portion of the alley right-of-way located north of First Street between Polk Street and Howard Street contiguous with and along the frontage of OWNER's property at 618 East First Street. B. Encroached Space. The portion of CITY's right-of-way (as defined in l.A., above) upon which OWNER will encroach by construction of a private storm line and continued presence of a pedestrian ramp described herein, all as shown on Exhibit to this Encroachment Agreement, the same as if fully copied, transcribed, and adopted therein. 2. Use. OWNER shall have the right and privilege to utilize the Encroached Space for the specified lawful purposes included herein, being the presence of a private storm line and a ENCROACHMENT AGREEMENT- CITY AND 618 EAST FIRST STREET PAGE 1 OF4 2Dl2.·10 l ---PAGE BREAK--- pedestrian ramp located across the alley and approximately three feet (3 into the alley right-of-way, respectively. 3. Cleanliness. OWNER agrees that said Encroached Space shall be kept in good repair and in a neat, safe and sanitary condition and that the Encroached Space shall be utilized in a manner so as not to endanger the safety or property of others. 4. Surrender of Premises and Return to Previous Condition. A. OWNER agrees and understands that the Encroached Space shall be vacated at OWNER's expense upon any of the following conditions: i. The principal building upon the subject property is destroyed by any means to an extent of more than seventy percent (70%) of the replacement cost of the whole structure at the time of destruction; or ii. CITY delivers notice to OWNER that CITY desires said Encroached Space to be vacated at any time and for any reason. B. Following CITY's request that OWNER vacate said Encroached Space for any of the conditions listed above, OWNER shall vacate said Encroached Space within ninety (90) days of CITY's issuance of written notice to OWNER's last known address, as shown in the records of the Latah County Assessor's office. C. Should OWNER fail to vacate said Encroached Space within ninety (90) days of written notice sent by CITY requesting vacation of Encroached Space, CITY may cause said vacation without further notice to OWNER and OWNER shall be responsible for all expenses incurred by CITY in ensuring vacation of Encroached Space. D. OWNER understands and agrees that CITY shall have the unqualified right to revoke this Encroachment Agreement and demand that OWNER vacate the Encroached Space. 5. Limitation of Right. This Encroachment Agreement and the rights and privileges accruing to OWNER therefrom, shall not be construed to grant OWNER a property right, easement or any other interest in the public right-of-way, but shall only act as a revocable permission to encroach as set out in this Encroachment Agreement. CITY specifically and explicitly retains the right to enter the premises described herein. 6. Assignability Clause. Neither this Encroachment Agreement nor the rights, privileges, or obligations herein shall be assigned to any other party without prior written consent of CITY; however, such assignment shall not be unreasonably withheld by CITY as long as the party to which this Encroachment Agreement is assigned agrees in writing to abide by all obligations contained in this Encroachment Agreement. Any assignment of this Encroachment Agreement without prior written approval by CITY shall be immediately and automatically void. ENCROACHMENT AGREEMENT- CITY AND 618 EAST FIRST STREET PAGE20F4 ---PAGE BREAK--- T ;:ltU· lo 7. OWNER agrees to indemnify, defend, and hold harmless CITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of 0 WNER and related to construction and maintenance of the Encroached Space and anything within such Encroached Space and any other encroachment in CITY right-of-way, specifically excepting any claims arising out of the negligence, gross negligence, and/or intentional acts of CITY or its officers, agents, or employees. 8. The mutual promises and covenants in this Encroachment Agreement shall constitute a covenant running with the land for the benefit of CITY, its successors and assigns, and the terms, conditions, and covenants herein shall be binding upon and shall inure to the benefit of the successors and assigns of CITY and of OWNER. IN CTNESS WHEREOF, OWNER and CITY have caused this Agreement to be executed on the day of ,2012. OWNER: Vb Monsignor Dennis J. Wassmuth, Vicar General Roman Catholic Diocese ofBoise CITY OF MOSCOW, IDAHO Director ofPublic Works ACKNOWLEDGMENT STATE OF IDAHO ) ) ss: County ) On this:2o .JAday of , 2012, before me, a Notary Public in and for said State, appeared Monsignor .D'tilJlis: Wassmuth, Vacar General, Roman Catholic Diocese of Boise, known to me to be the person named above and acknowledged that he executed the foregoing Encroachment Agreement as the duly authorized agent for the exclusive and sole owner of St. Mary's Catholic Church at 618 East First Street, Moscow, Idaho. ENCROACHMENT AGREEMENT- ClTY AND 618 EAST FIRST STREET PAGE3 OF4 ---PAGE BREAK--- STATE OF IDAHO ) ) ss: County of Latah ) ACKNOWLEDGMENT On this 013 day o , 2012, before me, a Notary Public in and for said State, appeared Les MacDo d, D1 tor ofPubhc Works, known to me to be the person named above and acknowledged that he executed the foregoing Encroachment Agreement as the duly authorized representa:i of the City of Moscow, Idaho , • , , ,,'\i\CIA Notary Public for the State ofld o > · · · · · · · · · Residing at --H-o { f AOTABr \ My commission o - ; . - . . • c . S \ vBL\ @ • • • < • • • • • ROF 111/JJIJ ENCROACHMENT AGREEMENT- CITY AND 618 EAST FIRST STREET PAGE 40F4 ---PAGE BREAK--- D--=G-a 0 o Encroachments 125.00' First Street CfTY OF MOSCOW ENGINEERING DEPARTMENT SCALE: 1• = 401 DATE: .JUNE 29. 2012 DRAWN BY: C.EDWAROS MOSCOW, IDAHO CHK'D. BY: EXHIBIT "Ali en w CX) co 0 I I 125.00' Note: This property has not been surveyed. Locations assumed from visual inspection, field measurements and aerial photos.