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448270 ENCROACHMENT AGREEMENT This Encroachment Agreement (hereinafter "Agreement") entered into the / f'tctay of December, 1999, by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, (hereinafter "CITY"), 206 East 3rd Street, Moscow, Idaho, 83843, and Geoff Beckett, 227 East 3rd Street, Moscow, Idaho, 83843, (hereinafter "OWNER"), owner of property located at 3 10 West Third Street Moscow, Idaho, 83843 and commonly known as Post Office Square; WITNESSETH: WHEREAS, CITY is the owner of an eighty foot (80') wide right-of-way (commonly known as Fourth Street) located adjacent to and south of Post Office Square and a building included therein at 3 10 West Third Street in Moscow: and, WHEREAS, OWNER owns Post Office Square at the above address; and, WHEREAS, OWNER desires to encroach upon a portion of presently unused CITY right of-way through construction of a loading ramp and related improvements; and WHEREAS, CITY is willing to permit such encroachment only under the terms of this Agreement; NOW, THEREFORE, CITY and OWNER hereby agree as follows I. CITY will permit OWNER to allow or to construct, operate, and maintain a loading ramp and related impro' cments which will encroach upon the above described CITY right-of-way subtc..::t to this Agreement. 2. OWNER agrees to indemnify. defend, and hold harmless CITY, and its officers, agents and employees, from and egainst 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 an' performances or activities of OWKER and related to construction, use, and operation of the loading ramp and any other encroachment in CITY right-of-wa,·. specifically excepting any claims ansing out of the negligence, gross negligence. and! or intentional acts of CITY or its officers, agents, or employees. 3. CITY may cause said encroachments to be removed at any time and for any reasons and at OWNER'S expense from the CITY right-of-way following CITY'S request that OWNER remove said encroachments and within ninety (90) days of OWNER'S receipt of written notice 4. Should OWNER fail to remove said encroachments within ninety (90) days of OWNER'S receipt of said written notice by CITY, CITY may cause said encroachments to be removed without further notice to OWNER and OWNER shall be responsible for all expenses incurred by CITY in remming said encroachments. · 5. Additionally, OVv'NER specificall' agrees that OWNER will exercise reasonable efforts that the tenant of the space associated with the loading ramp uses the loading ramp in such a way as to minimize public traffic disruption on Fourth Encroachment Agreement I Owner Page 1 of2 ---PAGE BREAK--- Street, including maintaining at least one lane of traffic on Fourth Street open to public use at all times, including during deliveries. OWNER shall notify, in writing, any tenant of the space associated with the loading ramp of the requirements of this paragraph. If there is no such tenant, OWNER will exercise reasonable efforts to meet the requirement of this paragraph. 6. For the purpose of this Agreement, the addresses of the parties shall be as follows: CITY: CITY of Moscow P 0 Box 9203 Moscow, ID 83843 OWNER: GeoffBeckett Post Office Square P 0 Box 9532 Moscow, lD 83843 This Agreement shall be in full force and effect for so long as said loading ramp and related encroachments remain upon CITY right-of-way. The mutual promises and covenants in this 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 WITNESS WHEREOF, OWNER and CITY by and through its Mayor and City Clerk, have caused this Agreement to be executed on the lttlay of December, 1999. OWNER ACKNOWLEDGMENT STATE OF IDAHO ) ) ss COUNTYOF LATAH) Agreements \ Encroachment A.greement; Owner , pm Encroachment Agreement I Owner 44827() 4482/U