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l: 1 I Y of MOSCOW FAX NO. 12088838254 LICENSE AGREEMENT FOR ENCROACHMENT ON PUBLIC RIGHT-OF-WAY THIS AGREEMENT, made this r_s-t- day of August, 1996, by and between the City of Moscow, a municipal corporation of the State of Idaho ("City"), and Hahn Supply, Inc., a corporation licensed to do business in the State of Idaho. and doing business as Hahn Rentals at 222 North Main Street on the comer of Street and Main Street, Moscow, Idaho ("Licensee"): WITNESSETH: WHEREAS, the City has deemed it in the public interest to permit certain encroachments on public right-of-way for certain purposes, and that portions of the public right-of-way are not needed at all times for municipal purposes and may be put to beneficial uses without undue negative impact upon pedestrian or vehicular traffic; and, WHEREAS, the City deems it to be in the public interest to permit an encroachment by Licensee into the public right-of-way for the purpose of conducting bu.,iness, to-wit: a rental business; and, WHEREAS, the City has specifically found that the portion of the public right-of-way requested by Licensee for encroachment is not needed at the present time for municipal purposes and may be put to beneficial use by Licensee without undue negative impact to pedestrian and vehicular traffic: and, NOW THEREFORE, the City, in consideration of the premises herein contained, hereby grants Licensee the fullowing limited license to encroach on pubiic right-of-way, subject to the terms, conditions and agreements hcrcin set forth, as follows: 1. PREMISES M'D TER.Vl. The City allows for the usc of the Licensee, for the term commencing on !he date of this Agreement and ending as described herein, those certain parts of public right-of-way located along the southern side of Street, adjacent to the north side of Block 2, Lot l of Fry's 2nd Addition to the City of Moscow, being further described as that portion of said public right-of-way within five feet south of the back of the now-existing south curb of Street and as shown on Exhibit 2. USE. Licensee shall have the exclusive right and privilege to encroach on the premises as described herein up to and until the license is revoked. LICENSE Al\'D AGREEMEI\T FOR ENCROACHMENT ON PCBUC RIGHT-OF-WAY Page 1 P. 02 ---PAGE BREAK--- VV lliV UU•C.U v! 11 ot ilU::iWW FAX NO. 12088838254 3. CLEA.lliLLNESS. Licensee agrees that said premises and the sidewalk and fence thereon as otherv.ise described herein shall be kept in good repair and in a neat, safe and sanitary condition and that the premises shall be utilized in a manner so as not to endanger the safety or property of others. 4. Sl.JRRENDER OF PREMISES. Licensee agrees that the City shall have the unqualified right to revoke this license and demand that Liccn.qcc no longer encroach on public right-of-way, upon thirty (30) days prior written notice of intent to revoke the license. Licensee agrees to hoid the City harmless for causes of action or damages of any kind occasioned by the City's action in revoking said license. Licensee agrees to restore the public right-of-way and remove all encroachments as directed by the City, at Licensee's sole expense , within forty-five ( 45) days foll0\\1ng receipt of written notice of license revocation. 5. FENCE M"D SIDEWALK CONSTRUCTION. Licensee, as a condition of this license, shall construct a fence, not more than six feet in height and not less than five feet from the back of the curb on Street adjacent to Licensee's business. Said fence shall be permitted only for the duration of this license, and shall be constructed according to specifications agreed upon by City of Moscow representatives and at Licensee's expense. The fence shall meet all applicable City of Moscow regulations. Licensee agrees t o construct a sidewalk, as a condition of this license, at its sole expense, between the back of the curb on Street and the fence described herein. The sidewalk will be constructed and inspected prior to final inspection on the fence and pursuant to all applicable City of Moscow rcgul.ations. The right-of-way, fence, and sidewalk described in this Agreement shall be maintained in good repair for the duration of this license. 6. LIMITATION OF RIGHT. This license and the rights and privileges accruing to Licensee therefrom, shall not be construed to grant Licensee a property right, easement or other interest in the public right-<>f-way, but shan only act as a revocable license for the use thereof. The City also retains the right to enter upon the prernises described herein for the purposes of inspection of said premises. 7. HOLD HAIL\\iLESS AJ."'ID 11\'DEMNIFICATION. Licensee agrees to hold the City harmless and indemnifY the City for any and all causes of action or damages resulting from Licensee's use of the premises described herein. Licensee agrees that he shall have premises liability insurance in force for the duration of this license, which liability insurance shall include the premises described herein. The Liocn.>;cc shall be responsible to the City for any costs of public improvements or maintenance of public improvements which are incl.!Ired as a result of Licensee's use of the described premises. LICENSE AND AGREEMENT FOR ENCROACHMENT ON PUBLlC RIGHT-Of-WAY Pagc2 P. 03 ---PAGE BREAK--- AUli-Ul-86 THU 08:28 C l TY of MOSCOW FAX NO. 12088838254 Executed this -fkS-'-day of August, 1996. CITY OF MOSCOW By: ·y/r" sL Paul C. Agidius, Mayor ATTEST: Elaine Russell, City Clerk ACIG.'IOWLEDGMENTS STATE Of IDAHO ) ) ss County of Latah ) On this t'Z.!:day of 1996, before me, a Nota...-y Public in and for said State, pctsonally appeared Paul . Agtdius, m his offiClal capac1ty as the Mayor of the Ctty of Moscow, Idaho and executed the foregoing instrument on behalf of the City, and acknowledged to me that such City executed the same. LICENSE AN:O AGREEMENT FOR ENCROACHME:N"T ON P'llBLIC RIGHT ..OF-WAY Notary Public in and for the e ofidaho My Commission Expircs:o? 9',b Pagc3 P. 04 ---PAGE BREAK--- v1 1 r or STATE OF IDAHO ) ) ss County ofLatah ) rAX NO. 12088838254 /1 . On this : ' tlay of{ j,itj-Y. 1996, before me. a wotary Public in and for said State, appeared Keith Church, President of Hahn Supply, Inc., known to me to be the person named above and acknowledged to me that he executed the foregoing document and that he was duly authorized to execute the foregoing document for and on behalf of Hahn Supply, Inc. and Hahn Rentals. LICENSE AN'D AGREE.MENT FOR ENCROACHMENT ON PUBLIC RIGHT-Of-WAY Notary Publiin and for the State of Idaho My Commission Expires: Page4 P. 05 ---PAGE BREAK--- J - j - -I ' I i 1'1 I , DATE a HOUR: rtt e SUSAN PETEl'lSEN LATAH COUNTY REOOR!lel 1 :l"DV av w.PJM'':N 11 tb I ' - - I i ' I . ' I ! i i \ I ! I