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445070 ENCROACHMENT AGREEMENT This agreement entered into the :J(o day of mAy ' 1999, by and between the City of Moscow, a al Corporation of Idaho, herein and after referred to as the "CITY," and{ (QAh , husband and wife, herein and after referred to as the "OWNERS," owners of property located at /aO$ , Moscow, Idaho; WITNESSETH: en Pott MoAon Sf .reef v WHEREAS, the CITY is the owner oft t,o foot adjacent to premises at G.O? Pe>IK Moscow, Idaho; and, wide right-of-ways located 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 construction of a fence; and, WHEREAS, the CITY is willing to permit such encroachment under the terms of this agreement. NOW, THEREFORE, the CITY and the OWNERS hereby agree as follows: 3. 4. 6. The CITY will permit the OWNERS to construct the folluwing described encroachment which will encroach upon City right-of-way in the manner described below: Cons.frvd 4 f'oo.f. t,;qb cJ,a;n 2ff;.01CirY1 Jix !o ·,Yj-to -1-N. folK S-f. nj k+ · ot'. wac, G. ' W. 00 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. 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. 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 courts costs and reasonable attorney's fees. For the purpose of this agreement, the addresses of the parties shall be as follows: ---PAGE BREAK--- ' City of Moscow P.O. Box 9203 Moscow, 10 83843 OWNERS: {po5 PQ_t K. rooScDI.J BKY_ 445070 This agreement shall be in full force and effect for so long as said encroachment remains upon City right-of-way. IN WITNESS WHEREOF, the OWNERS and the CITY, by and through its Mayor and City Clerk, have caused this agreement to be executed on the of JtAlV/ , , 10!l9. OWNER STATE OFio\OJiD County of LoJQb )ss ) OWNER: CITY: On this day of J llX\.Jl__; , 1999, before me a Notary Public in and for said State, appeared {;,Jc5 QJ! d,J;,iu 2S , and acknowledged to me that they executed the foregoing agreement. 0:\WINWORD\ENG!NEER\Encroachform.doc ---PAGE BREAK--- PALOUSE FENCE e P.O. BOX 8612 209 TROY RD. HWY 8 MOSCOW, ID 83843 (208) 882-5241 PROPOSAL AND CONTRACT Date To: _\etJ L:1£:.L J .L!k\y]A::t.-'l