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TEMPORARY CONSTRUCTION EASEMENT AND HOLD HARMLESS AGREEMENT Temporary Construction Easement and Hold Harmless Agreement (hereinafter referred to as "Agreement") between City of Moscow, Idaho, a municipal corporation of the State of Idaho located at 206 East Third Street, Moscow, Idaho 83843 (hereinafter "CITY") and Charles Bond, 708 West Street, Moscow, Idaho, 83843, (hereinafter referred to as "OWNER"). WHEREAS, CITY is undertaking minor excavation of approximately two feet by two feet at 407 Railroad Street, in a parking lot owned by OWNER; and WHEREAS, the purpose of such excavation is to place a flush-mount locking well cap and water tight well plug over the existing well for use as a monitoring well for the Palouse Basin Aquifer Committee (PBAC); and WHEREAS, CITY has agreed to excavate the area for and in behalf of PBAC for such purpose; and WHEREAS, CITY is undertaking such excavating at its own expense; and WHEREAS, OWNER recognizes and agrees that such excavation has no negative financial impact upon OWNER's property upon which such excavation will occur; and WHEREAS, OWNER wishes to grant CITY a Temporary Construction Easement and the right to go upon, come, occupy and use OWNER's property during the pendency of the excavation project described herein; and WHEREAS, CITY voluntarily wishes to defend, hold harmless and indemnify OWNER for any damages or claims of such damages against CffY as a result of CITY'S employees' or agent's actions related to the excavation project; and WHEREAS, OWNER understands each and every provision of this Agreement; and WHEREAS, OWNER has read this Agreement before signing it; and WHEREAS, OWNER has been free to consult with legal counsel and others before signing this Agreement; and WHEREAS, OWNER voluntarily enters into this Agreement without coercion, promise or penalty: NOW THEREFORE, OWNER, for himself, his heirs, representatives, successors and assigns, in consideration with the foregoing covenants with CITY and its successors. agents. representatives, and assigns agree as follows: Tb\Jf'O!