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ENCROACHMENT AGREEMENT This agreement entered into the"ay of N he(, 1999, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the "CITY", and Charles and Michelle Guess, husband and wife, herein and after referred to as the "OWNERS", owners of property located at 301 East Street , Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of a 60 foot wide right-of-way named Street located adjacent to premises at 301 East Street, Moscow, Idaho; and, 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 small deck and steps on the Street side of the home at that location; 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: 1. The CITY will permit the OWNERS to construct the following described encroachment which will encroach upon City right-of-way in the manner described below: Small deck and steps onto the Street side of the home at 301 East Street 2. 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 3. 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. 4. Should the OWNERS fail to remove said encroachment within ninety (90) days 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 court costs and reasonable attorney's fees. 5. For the purpose of this agreement, the addresses of the parties shall be as follows: CITY: City of Moscow P.O. Box 9203 Moscow, 10 83643 OWNERS: Charles and Michelle Guess 3372 Moscow Mountain Road Moscow, 10 83643 This agreement shall be in full force and effect for so long as said encroachment remains upon City right-of-way. 99-99 ---PAGE BREAK--- 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 day of D 1999. Michelle Guess STATE OFido h0 appeared Charles and Michelle Guess, known to me to be the persons described in the above document and acknowledged to me that they are the OWNERS and that they executed the foregoing agreement. NO R. Y PUBLIC fer l ho Res·loin at Sent _ M commission expires : Cf -IS-.2CD.3