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ENCROACHMENT AGREEMENT This agreement entered into the day of , 1997, by and between the City of Moscow, ,a Municipal Corporation 6flldaho, herein and after referred to as the "CITY," andeVit\fy&CAd: 1)/Jt'/i , husband and wife, herein and after referred, to as the "OWNERS," owners of property located at 81 e; , >iJ "ccf, , Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of a adjacent to premises at Ptr: Vvsh foot wide right-of-way located , Moscow, Idaho; and, WHEREAS, the OWNERS own the premises described at the above address; and, WHEREAS, the OWNERS desire to encroach upQn a pg ion of the presently unused City right-of-way through construction of alci:t'""'"hvqlind, i WHEREAS, the CITY is willing to permit such encroachment under the terms of this agreement. NOW, THEREFORE, the CITY and the OWNERS hereby agree as follows: 1. The CITY will permit the OWNERS to construct the following described encroachment which will encroach upon City right-of-way in the manner described below: 2. The OWNERS hereby assume all liability for the encroachment and shall hold the CITY harmless and defend any claim against the CITY related to said encroachment. 3. The CITY may cause said encroachment to be removed at OWNERS' expense from the City right-of-way by requesting that the OWNERS remove said encroachment within ninety (90) days of receipt of written notice. 4. Should the OWNERS fail to remove said encroachment within ninety (90) days of receipt of said written notice, the CITY may cause said encroachment to be removed without further notice to the OWNERS and the OWNERS shall be responsible for all 97-20 ---PAGE BREAK--- expenses incurred by the CITY in removing said encroachment, including courts 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, 10 83843 OWNERS: 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 City Clerk, have caused this agreement to be executed on the I day of 1997. OWNER: \ OWNER: ' CITY: Mayor ATTEST: ---PAGE BREAK--- County ) )ss ) On this day 1997, before me a Notary Public in and for said State, appeared and acknowledged to me that she executed the foregoing agreement. STATE OF IDAHO COUNTY OF LATAH / ) ) ss ) 0 N4tary Pil;lblic )n add for State of l ct O.X\J On this @ day of 1997, before me a Notary Pub I i c in and for said State, ?Pfleared LAcuY.and acknowledged to me that he executed the foregoing agreement. DATE&HOUR: Gft c fq'l A rt SUSAN PETE/:'13