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. RECEIVED 531.980 AUG 2 4 2009 No . AT THE REQUEST OF: e ll1oscG . City of Moscow DATE & HOUR: 'If. at AGREEMENT OF TERMS AND CONDITIONS #·$u'{ffpETERj%)2 FOR RIGHT TO ENCROACH UPON CITY OF LAT]OUNTYR MOSCOW, IDAHO RIGHT-OF-WAY Fej $ s (Administrative) OWNER(S): 7"/m 13fCo UJ Y) (Printed Name(s)) OWNES Mailing Address: 'POts qo;< .3 f'M O:X:.ow !f3!Jf-3 Written Detailed Description and Location of Encroachment (Attach Drawing): FOe)[ 13oMp FENCE 17-CICO?? £ &T /1/fRo.K . o2 FEET ;N?D RtJciJ 7i2 11t.LouJ .Fcx5r5 PtR?: 1\oufJD Co tU, F AJVT 7ZUJC/(!!U6; Tl+f(t vF L.u-r E J.Jr f. f}-,u C£.5 /{tJf. Ttf ¢ UE5T 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 all expenses incurred by CITY in removing said encroachment, including court costs and reasonable attorney's fees. Right to .Encroach Page 1 of2 ---PAGE BREAK--- 531H80 4. Should this encroachment need to be temporarily removed to allow CITY to perfonn 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. I 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 WITNESS OWNER(J;ve hereunto set their hand and seal this K dayof , OJ . CITY v IJI.Ml c. . City Engineer ( hts designee) State of Idaho ) )ss County of Latah ) On this \ 'g'\b day of , JOO , before me, a Notary Pubic of the State of , personally appeared'TWY\clh 1A] · and known to e to be the person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged to me.tha.t)l.f/she/they executed the same as OWNER(S). \ (\1cli!Villit dM:hill : l Oo'l'A.RJ-\ \ II GJ • . 3 i* 5 * . c : - \ P UB\ . ' § } 0 I ~13 OF JJJJ 18!1.!araa•'oot>P Right to Encroach Page 2 of2 ---PAGE BREAK--- 00 c:lil AT EDGE OF HC SPACE A START TO ROLL SPHALT DOWN TO EXISTING GRADE BUILDING #2 1500 LEVICK ST. SINGLE STORY {EXISTING) FF:97.50 LEVICK STREE I v I RAILING RUNS FROM BOTTOM OF STEP TO END OF CONC. WALK I REMOVE CONCRETE AT END OF TRENCH DRAIN, PROVIDE AREA DRAIN CONNECTED TO EXISTING DOWN SPOUT STORM SEWER STUDENT GARDEN _ BUILDING #1 105 LAUDER AVE. SINGLE STORY - - (EXISTING) FF:!OO.OO n"TPT'U 1\lATl\T Qrpp RAILING RUNS FROM TOP OF STEPS TO END OF LANDING ~ \ I 32 34 CSf 32 G. A7f. I D \ ? % oP 1-1-'1 E'l D ;IH j 2 t 2 ( C EE 3 = 3 = 3 t