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406151 I ENCROACHMENT AGREEMENT This agreement entered into the 5th day of April, 1994, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the 'CITY' and Monte Martson dba Southside Mini Mart, herein and after referred to as the 'OWNER', owner of property located at 202 Spotswood, Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of an 80 foot wide right-of-way located adjacent to premises at 202 Spotswood, Moscow, Idaho; and, WHEREAS, the OWNER owns the premises described at the above address; and, WHEREAS, the OWNER desires to encroach upon the presently unused portion of the City right-of -way 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 OWNER hereby agree as follows: 1. The CITY will permit the OWNER to construct the following described IMPROVEMENT which will encroach upon City right-of-way in the manner described below: Place a sign behind the sidewalk in the public right-of -way. 2. Plans, drawings and/or 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 OWNER hereby assumes 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 OWNER remove said encroachment within ninety (90) days of receipt of written notice. 94-22 ---PAGE BREAK--- 406151 5. Should the OWNER 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 OWNER and the OWNER 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 OWNER: Monte Martson Southside Mini Mart 202 Spotswood 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 OWNER and the and through its Mayor and City Clerk, have caused to be executed on the 5th day of April, 1994. OWNER< Monte Martson 2 Paul C. Agidius Mayor ATTEST: Elaine Russell, City Clerk ---PAGE BREAK--- STATE OF IDAHO County of _ L _ A _T _ AH _ _ ss On this 14 day of April , 1994, before me a Notary Public in and for said State, appeared Monte Martson, and acknowledged to me that he executed the foregoing agreement. d£4 Notary Public in and for State of YIZd[a\h]o _ STATE OF IDAHO County of LATAH ss On this 14th day of April , 1994, before me a Notary Public in and for said State, appeared Paul C. Agidius and Ela,i.ne,Russell, known to me to be the Mayor and City Clerk WX t.C,f ty of Mosc'?w and to me that they 8.,;.9:ii;ect:<1j;he foregozng agreement. . . . • II C: ' • . : . ) l ' , • : 2 . ( • : . } } } . J p . · - ( . , . % _ { . 6 . . / · #f:l8l'9lJ,.. ; . . . . • II 4 - ' , . t: (I r • . , ' . . & \ dm/contract/minimart 406151 EQ DATE& HOUR: 13[94 2 ·.4-7P M. SUSAN PETERSEN O LATAH COUNTY RE!!l" . n _ FEE$5· DCC(c· av (VI_{ P.O . 6Q;c 92lb ("(LQJecx_D 1 ID#$Cilfs FILMED