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563755 NO· AT THE REQUEST OF: C!rT./ 1JF /H!liCP.W- HOUR . l13 J:i • ' F SUS NPETERSEN7 ENCROACHMENT AGREEMENT FEE$_ ' LATOUNTY E DER 104 SOUTH MAIN STREET, MOSCOW, IDAHO . J t( THIS ENCROACHMENT AGREEMENT 104 S£UTH MAIN STREET, rv.tbscow, IDAHO (hereinafter "Agreement") entered into the 'Z 2 e day of l.\tlvf"f , · by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter "CITY"), 206 East 3rd Street, Moscow, Idaho, 83843, and McConnell Building Association, an Idaho Limited partnership, whose current address is P 0 Box 7899, Boise, Idaho, 83707 (hereinafter "OWNER"), owner of property located at 104 South Main Street, Moscow, Idaho, 83 843 W I T N E S S E T H : WHEREAS, CITY is the owner of the alley right-of-way, within Block lof the Original Moscow Addition to the City of Moscow, Idaho, east of the premises located at 104 South Main Street; and WHEREAS, OWNER is the exclusive and sole owner of the premises commonly known as 104 South Main Street, and more particularly described as Lots 1 and 2 of Block 1 of the Original Moscow Addition Subdivision; and, WHEREAS, OWNER desires to partially encroach upon CITY's alley right -of -way by the presence of two four inch ( diameter concrete filled bollards and an electrical switch box; and WHEREAS, CITY is willing to allow the continued presence of the two bollards and the electrical switch box on the alley right-of -way; and WHEREAS, CITY is willing to permit such encroachments only under the terms of this Encroachment Agreement; NOW, THEREFORE, CITY and OWNER hereby agree as follows: 1. Description. CITY will permit OWNER to maintain the following described encroachments upon CITY right-of-way to the extent and in the manner described below: A. Premises. CITY-owned property described as the alley right-of-way contiguous with the length of OWNER's property at 104 South Main Street (Premises). B. Encroached Space. The portion of CITY's Premises (as defined in I.A., above) upon which OWNER's two bollards and the electrical switch box are located, all as shown on Exhibit to this Encroachment Agreement, the same as if fully copied, transcribed, and adopted therein. ENCROACHMENT AGREEMENT- CITY AND MCCONNELL BUII.DING ASSOCIATION PAGE 10F4 z_otL{-05 ---PAGE BREAK--- 563755 2. Use. OWNER shall have the right and privilege to utilize only the above -ground Encroached Space only for the purpose of installing and maintaining two bollards and an electrical switch box. 3. Cleanliness. OWNER agrees that said Encroached Space shall be kept in good repair and in a neat, safe and sanitary condition and that the Encroached Space shall be utilized in a manner so as not to endanger the safety or property of others. 4. Surrender of Premises and Return to Previous Condition. A. CITY may cause said Encroached Space to be vacated at any time and for any reason and at OWNER's expense following CITY's request that OWNER vacate said Encroached Space and within ninety (90) days of CITY's issuance of written notice to OWNER's last known address, as shown in the records of the Latah County Assessor's office. B. Should OWNER fail to vacate said Encroached Space within ninety (90) days of written notice sent by CITY requesting vacation of Encroached Space, CITY may cause said vacation without further notice to OWNER and OWNER shall be responsible for all expenses incurred by CITY in ensuring vacation of Encroached Space. C. OWNER understands and agrees that CITY shall have the unqualified right to revoke this Encroachment Agreement and demand that OWNER vacate the Encroached Space. 5. Limitation of Right. This Encroachment Agreement and the rights and privileges accruing to OWNER therefrom, shall not be construed to grant OWNER a property right, easement or any other interest in the public right-of-way, but shall only act as a revocable permission to encroach as set out in this Encroachment Agreement. CITY specifically and explicitly retains the right to enter the premises described herein for purposes of inspection of said premises and the Encroached Space during normal business hours. 6. Assignability Clause. Neither this Encroachment Agreement nor the rights, privileges, or obligations herein shall be assigned to any other party without prior written consent of CITY; however, such assignment shall not be unreasonably withheld by CITY as long as the party to which this Encroachment Agreement is assigned agrees in writing to abide by all obligations contained in this Encroachment Agreement. Any attempted assignment of this Encroachment Agreement without prior written approval by CITY shall be immediately and automatically void. 7. OWNER agrees to indemnify, defend, and hold harmless CITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of OWNER and related to construction and maintenance of the Encroached Space and anything within such Encroached Space and any other encroachment in CITY right-of-way, specifically excepting any claims arising out of the negligence, gross negligence, and/or intentional acts of CITY or its officers, agents, or employees. ENCROACHMENT AGREEMENT - CITY AND MCCONNELL BUILDING ASSOCIATION PAGE2 0F4 ---PAGE BREAK--- 563755 8. The mutual promises and covenants in this Encroachment Agreement shall constitute a covenant running with the land for the benefit of CITY, its successors and assigns, and the terms, conditions, and covenants herein shall be binding upon and shall inure to the benefit of the successors and assigns of CITY and of OWNER. IN WHEREOF, OWNER and CITY have caused this Agreement to be executed V\I · · - ' on the - day o v l/\I , Zet3. 'ZD IL{ OWNER: CITY OF MOSCOW, IDAHO McConnell Building Association. Ron Wells, Agent Director of Public Works ACKNOWLEDGMENT STATE OF IDAHO ) ) ss: County of Latah ) % On this ll,,J day oJ&°'Lt6Vit , 20J,t, before me, a Notary Public in and for said State, appeared Les MacDonald, Director of blic Works, known to me to be the person named above and ac{w#ijfz he executed the foregoing Encroachment Agreement as the duly authorized r()*tiw-Q(+',ty of Moscow, Idaho. G ~ . , : / -'.OTA-9,_ \ { - • c r • - = : : = ; \ j : , . 0 H , • w x y OF \0 STATE OF -rrvfuou.Jy ) /mi )ss: County of fu>'Ct/hQ.., ) ACKNOWLEDGMENT }014 On this lz day of j(t.J)'L. , before me, a Notary Public in and for said State, appeared Ron Wells, known to me to be the person named above and acknowledged that he executed the foregoing Encroachment Agreement as the authorized Agent for McConnell Building Association., the exclusive and Moscow, Idaho. § Notary Public § - State of Washington § : LEAH N. BOCHE $ tuif-- Mv COMMISSION EXPIRES _ September 20, 2016 :E Cl II 1111111111111111111111111111111111111111110 ENCROACHMENT AGREEMENT- CITY AND MCCONNELL BUII.DING ASSOCIATION PAGE3 0F4 ---PAGE BREAK--- hellulmrj' EXHIBIT \ FIRST STREET ·1 RPM0001001001A MC CONNELL BUILDING ASSOC_ 104 S MAIN SlREET 2' EXHIBIT . ENCROACHMENT AGREEMENT - CITY AND MCCONNELL BUILDING ASSOCIATION PAGE40F4