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549D36 1\!o. AGREEMENT OF TERMS AND CONDITIONS ){G:$/{fE.Tt:R'th./ FOR RIGHT TO ENCROACH UPON CITY OFTAH COUKfY RZ) MOSCOW, IDAHO RIGHT-OF-WAY Fee$ 'Jy( (Administrative) {:ifJ!Ji.5flf3 oWNER(s): sojourner Alliance (Printed N arne( OWNERS Mailing Address: 62.7 N. \Ja o auren MOSCOW ID 63643 I Property Address Where Encroachment is Located: 627 N. \/an Buren Written Detailed r . . w. 4 fL north of ih e south l1n e & alon3 oWOQrs 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 al1 expenses incurred by CITY in removing said encroachment, including court costs and reasonable attorney's fees. Right to Encroach Page 1 of2 zcos.(pLJ ---PAGE BREAK--- 549036 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) shall be responsible to expeditiously remove the encroachment and pay all costs necessary for 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 !fTNESS WHEREOF, OWNER(S) have hereunto set their hand and seal this 3 day of 1 , 'll:D . State ofldaho ) )ss County ofLatah ) CITY: On this day of " , ?...tJo S" before me, a Notary Pubic of the State of 0 personally appeared \o""2 # and known to me to be 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). TANYA K. FALEY Notary Public State of Idaho Right to Encroach Page2 of2 Notary Public for the State of / Residing at v-.S t!:>tfAAL tvt.o sc:b0 Commission expires: 1 I 2 Z 2.-DJ o