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ENCROACHMENT AGREEMENT BY AND BETWEEN CITY OF MOSCOW, IDAHO AND RT ADVENTURES, LLC 54771_9 l'.o. T- . - . , Tr:E t.j.:C 1 C1 'h.f of, sro I - g 1 \-1E-Jo I \_JD C Y h·._t:i l' - . • i'fJ LA'!AH CC .:·.-uHDER 13' THIS ENCROACHMENT AGREEMENT BY AND BETWEEN CITY OF MOSCOW IDAHO AND RT. ADVENTURES, LLC (hereinafter "Agreement") entered into the * day of tJ OV PWL btv , 20 G 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 RT Adventures, LLC, 1019 Border Lane, Moscow, Idaho, 83843 (hereinafter "OWNER"), owner of property located at 436 North Main Street, Moscow, Idaho, 83843; W I T N E S S E T H: WHEREAS, CITY is the owner of a sixty foot (60') wide right-of-way located on the north side of and adjacent to premises at 436 North Main Street, Moscow, Idaho, comprised, in part, by Street between North Main Street and Washington Street (hereinafter "Encroaching Space"); and WHEREAS, OWNER owns the premises described at the above address; and WHEREAS, OWNER desires to encroach upon a portion of CITY right-of-way with four heating, ventilation, and air conditioning (HV A C) units, and with the existing eight foot four inch by eight foot 4" x stairwell from below grade; and WHEREAS, CITY is willing to permit such encroachment only under the terms of this Encroachment Agreement; NOW, THEREFORE, CITY and OWNER hereby agree as follows: 1. CITY will permit OWNER's four heating, ventilation, and air conditioning (HVAC) units and the existing eight foot four inch by eight foot 4" x stairwell from below grade to encroach upon CITY's right-of-way in the manner as shown on the attached Exhibit 2. Owner shall maintain an existing exit on the west side of the building for emergency egress. 3. OWNER hereby assumes all liability for the encroachment and shall hold CITY harmless and defend any claim against CITY related to said encroachment. 4. Solely within CITY's discretion, CITY may cause said encroachment to be removed from CITY right-of-way, at OWNER's expense, by requesting that OWNER remove said encroachment within ninety (90) days of receipt of written notice. 5. Should OWNER 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 and OWNER shall be responsible for all expenses incurred ENCROACHMENT AGREEMENT- CITY AND RT ADVENTURES, LLC PAGE 1 OF2 2.0\ ---PAGE BREAK--- 54771.9 by CITY in removing said encroachment, including court costs and reasonable attorney's fees. 6. For the purpose of this Encroachment Agreement, the addresses of the parties shall be as follows: CITY: City of Moscow, Idaho P 0 Box 9203 Moscow, ID 83843 OWNER: RT Adventures, LLC 1019 Border Lane Moscow, ID 83843 This Encroachment 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 WITNESS WHEREOF, OWNER and CI144y and through its Mayor and City Clerk, have caused this Agreement to be executed on the day of (JY-{ Wvbw. 2011. STATE OF IDAHO ) ) ss: County of Latah ) CITY OF MOSCOW, IDAHO ACKNOWLEDGMENT On this f day of 2011, before me, a Notary Public in and for said State, appeared Richard L. Taylor, known to me to be the person named above and acknowledged that he executed the foregoing Encroachment Agreement as the duly authorized representative for RT Adventures, LLC. ll/(fflt - \C\A 11t1 NotaryPublic for th State of l aho • • • r R t 7 - : : = 0 TA@ r . . ; esi mg a : > My commissiolleir'es 1;2/:J::L l;:wt..S: : I I - • • H - % \ t>ueL\c / § e d < O'h·· . • ····DEF ENCROACHME$l'8'9§l)zll\\\'l'fY AND RT ADVENTURES, LLC PAGE 2 OF2 111/JIJJI\\\\\\ ---PAGE BREAK--- NEW EXIT STAIR FROM 2ND FLOOR ENCROACHMENT PROPOSAL- ANYTIME FITNESS 2011 EXHIBIT A a b c