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ENCROACHMENT AGREEMENT This agreement entered into the 24th day of August, 1992, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the 'CITY' and Tom and Anita Scott, herein and after referred to as the 'OWNERS', owners of property located at 626 So. Adams, Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of eighty (80) foot wide right-of-ways located adjacent to premises at 626 So. Adams, Moscow, Idaho; and, WHEREAS, the OWNERS own the premises described at the above address; and, WHEREAS, the OWNERS desire to encroach upon the presently unused portion of the City right-of-ways 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 OWNERS hereby agree as follows: 1. The CITY will permit the OWNERS to construct the following described IMPROVEMENT which will encroach upon City right-of-way in the manner described below: Reconstruct a retaining wall 2. Plans, drawings andjor 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 OWNERS hereby assume 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 OWNERS remove said encroachment within ninety (90) days of receipt of written notice. ---PAGE BREAK--- 5. Should the OWNERS 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 OWNERS and the OWNERS 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 OWNERS: Tom and Anita Scott 626 So. Adams 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, the OWNERS and the CITY, by and through its Mayor and ci Clerk, h ve caused this agreement to be executed on the day of tr< ' 1992. OWNERS: - ATTEST: Elaine ---PAGE BREAK--- STATE OF _ County of ss On this o::eJ y of , 1992, before me a Notary Public in and for saidappeared Tom and Anita Scott, and acknowledged to me that they executed the foregoing agreement. STATE OF &a.h0 County of (ja±a.,h ss Notary Pu-bn leic; · ndliOr State of On this a '3 day of , 1992, before me a Notary Public in and for saids g' 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.