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ENCROACHMENT AGREEMENT This agreement entered into the 22nd day of October, 1991, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the 'CITY' and Kelly c. Phelps, herein and after referred to as the 'OWNER', owner of property located at 714 Ridge Road, Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of a 85' foot wide right-of-way located adjacent to premises at 714 Ridge Road, Moscow, Idaho; and, WHEREAS, the OWNER owns the premises described at the above address; and, WHEREAS, the OWNER desires to encroach upon the presently unused portion of the City right-of-way through construction of an 'IMPROVEMENT'; and, WHEREAS, the CITY is willing to permit encroachment under the terms of this agreement. such NOW, THEREFORE, the CITY and the OWNER hereby agree as follows: 1. The CITY will permit the OWNER to construct the following described IMPROVEMENT which will encroach upon City right-of-way in the manner described below: Install a 5 foot chainlink fence. 2. Plans, drawings and/or specifications for the IMPROVEMENT must be approved by the city Engineer or City Council prior to any construction on City right-of-way. 3. The OWNER hereby assumes all liability for the IMPROVEMENT and shall hold the CITY harmless and defend any claim against the CITY related to said IMPROVEMENT. 4. The CITY may cause said IMPROVEMENT to be removed from the City right-of-way by requesting that the OWNER remove said encroachment within ninety (90) days of receipt of written notice. ---PAGE BREAK--- 5. Should the OWNER fail to remove said IMPROVEMENT within ninety (90) days of receipt of said written notice, the CITY may cause said IMPROVEMENT to be removed without further notice to the OWNER and the OWNER shall be responsible for all expenses incurred by the CITY in removing said IMPROVEMENT, including court costs and reasonable attorney's fees. 6. For the purpose of this agreement, the addresses of the parties shall be as follows: City of Moscow P. O. Box 9203 Moscow, ID 83843 OWNER: Kelly C. Phelps, M.D. 714 Ridge Road Moscow, ID 83843 This agreement shall be in full force and effect for so long as said encroachment remains upon City right-of-way. IN WITNESS WHEREOF 1 the OWNER and the CITY 1 by and through its Mayor and CitClerk, have cauped this agreement to be executed on the day of Q'"f-z;fae.< , 1991. OWNER: Kellyc.PfPS: M.D. ATTEST: Elaine Russell, City Clerk ---PAGE BREAK--- STATE OF County of dv ss on this C?P z;F day of rP-r.f, , 1991, before me a Notary Public in and for said State, appeared Kelly c. Phelps, M.D., and acknowledged to me that he/she executed the foregoing agreement. STATE OF Idaho County of Latah ) ) ss ) ill NofCPublic Tnan State of On this d'f z:;?tday of c{Jvr/. , 1991, before me a Notary Public in and for said State, appeared Paul C. Agidius and Elaine Russell, known to me to be the Mayor and city Clerk of the City of Moscow and acknowledged to me that they executed the foregoing agreement. and for