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AGREEMENT OF TERMS AND CONDITIONS FOR RIGHT TO ENCROACH UPON CITY OF MOSCOW, IDAHO RIGHT-OF-WAY (Administrative) 5334lU oWNER(S): _ \...LI.JmL>Lia nL.I-._.LML.Le,....d..u.l c a '-ll.n t e-'-tr,r..LLJn c . _ _ _ (Printed Name(s)) OWNERS Mailing Address: 700 5. Ml.IO st. I\10SCOW1 ID Property Address Where Encroachment is Located: B3S43 Written Detailed Description and Location of Encroachment (Attach Drawing): d Five foot hiqh fence in public nh1-of-wa JS shewn J)D atlache dr•aUJin, Loutioa, eneral! corner of Lewis & Miln. This encroachment is herein granted by the City of Moscow ("CITY') to the Owner subject to the following terms and conditions: 1. OWNER(S) hereby assume all liability for the encroachment and shall hold CITY harmless and defend any claim against the CITY related to said encroachment. 2. CITY may cause said encroachment to be removed at OWNER'S expense from CITY right-of-way by requesting that OWNER(S) remove said encroachment within ninety (90) days of receipt of written notice. 3. Should OWNER(S) fail to remove said encroachment within ninety (90) days of receipt of said written notice, CITY may cause said encroachment to be removed without further notice to OWNER(S) and OWNER(S) shall be responsible for all expenses incurred by CITY in removing said encroachment, including court costs and reasonable attorney's fees. Right to Encroach Page 1 of2 ---PAGE BREAK--- 533410 4. Should this encroachment need to be temporarily removed to allow CITY to perform repairs or maintenance in the area of the encroachment or for any reason the CITY so chooses, as required, OWNER(S) shaH be responsible to expeditiously remove the encroachment and pay all costs necessary tor it's removal and replacement. Should the OWNER(S) not remove the encroachment in a timely manner as directed CITY shall have the encroachment permanently removed and OWNER(S) shall be responsible for all expenses incurred by CITY in removing said encroachment, including court costs and reasonable attorney's fees. This Agreement shall forever run with the land and shall be in full force and effect for so long as said encroachment remains upon CITY right-of-way. IN "WTNESS WHEREOF, OWNER(S) have hereunto set their hand and seal this L day of ocober , 2009 . State ofTdaho ) )ss County ofLatah ) CITY: On this day of 0 oc; Cj , before me, a Notary Pubic of the State of .if /JHa , personally appeared Je-ff · Ar and kno the person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same as OWNER(S). ' \ kk/ , . r, -MK , ' . ' . / ' . . . . I / · - J. , i l , . Right to Encroach Page 2 of2 . , · Notary Public for the State of d c Residing at 6 sc. crvJ Commission expires: 2 ? o ---PAGE BREAK--- ---PAGE BREAK--- ' - - . - - - - - - - - - - Deposits- Utility i Residential 80.00 i Commercial 160.00 I _SF (NĦħĨĩ-ăĄt--[;:;;ed Gġeck Charge_:.:::_ $20.oą_pe;_Hī:Ćk - Portable Waste Discharge at the Wastewater Treatment Plant f Load up to 300 gallons $13.35 i • I I i Each subsequent gallon I 6 ! Publlc Lighting Costs - per month-per UtilitY Service A.---Re'sid;ntial u n - - ----2:15'i B. Commercial Units 1 7.05 I I ENGINEERING SERVICES . I I A Engine-;ring Plan rećiĈĪ.:[o; ĉĊċ-P7ĢiČ-č-.-instiĥtioĎ;, ď-d mĐlti- r - . - - ·I family site plan review I $55 plus $5 per parking space I - Bđ - -Engineering PUD, subdivision and $200.00 plus $25 per lot I EngineerinēģĤroachmeĔt permits- administrative _JĕO_.Oo eacĖ---- D. Engineering encroachment permits- council action j $100.00 each E. EėiiĘęerlĚ ;iětĜĝf-wa; use-pP-;;it-Ğ and parade pğĠits-I- through Idaho Transportation Department 1 Fee Schedule Resolution 2009-18 FY 2009 $100.00 each sheet Page 7 of30 0) 4 1 'I h