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549035 DTE& HOUR : ·17 I/S-!;1 fA:/ AGREEMENT OF TERMS AND CONDITIONS susAN F- aERSEN MOSCOW,IDAHO RIGHT-OF-WAY FtJX:: SW s . FOR RIGHT TO ENCROACHUPON CITYOF LATAHcouNrtA (Administrative) p(l{} LESSEE: MOSCOW FOOD COOPERATIVE ("LESSEE") LESSEE's Mailing Address: 206 East Third Street, Moscow, ID 83843 Property Address Where Encroachment is Located: 206 East Third Street, Moscow, ID Written Detailed Description and Location of Encroachment: Shades over outside dining area located within the north right-of-way of Fourth Street along the south side of Moscow Food Cooperative's building. Not to be constructed such that the encroachment infringes in any way upon the public's use of the public sidewalk. All as shown tn the four attached drawings dated November 4, 2004 entitled A.O through A.4 by UI Architecture. This encroachment is herein granted by the City of Moscow ("CITY") to the LESSEE subject to the following terms and conditions: 1. LESSEE hereby assumes 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 LESSEE's expense from CITY right-of-way by requesting that LESSEE's remove said encroachment within ninety (90) days of receipt of written notice. 3. Should LESSEE 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 LESSEE and LESSEE shall be responsible for all expenses incurred by CITY in removing said encroachment, including court costs and reasonable attorney's fees. Moscow Food Cooperative Right to Encroach Page 1 of2 Zool{ .to3 ---PAGE BREAK--- 549035 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, LESSEE shall be responsible to expeditiously remove the encroachment and pay all costs necessary for it's removal and replacement. Should the LESSEE not remove the encroachment in a timely manner as directed CITY shall have the encroachment permanently removed and LESSEE shall be responsible for all expenses incurred by CITY in removing said encroachment, including court costs and reasonable attorney's fees. This Agreement shall be in effect for the extent of the LESSEE's occupancy of the building. IN_J'(TNESS lHERE . OF LESSEE has hereunto set their hand and seal this lL'day of KDW. i'V'-qJQ) , 2004. LESSEE: State of Idaho ) )ss County of Latah ) lt)TE11gR IIIII GEORG 1111 Å / 01 o. Cit." -rr. . Æ-Âi÷ 9o,•tt • f ·f d . ?ov•-t • # _ .u u.-V11 li } , li 11 C) • 11"' • il • , 6'-o" PARTIAL FLOOR PLAN SCALE: 1/4"=1'-o" 5 49035 u ARCHITECTURE ¿ v MOSCOW FOOD CO-OP 221 E 3rd ST N IIOSCOIY ,IWIO RrnSION N I I : 0 Pmininary Design 0 fml Design 0 Issued for Pricing • Issued for Permit • Issued for Coostruclion IW£: 11.04.04 1'111.1«).:01 leiCit MRON,JARED, TMA,TIM,KIM, GUNNER PWT: MRON SIIET Ill. A.1 ---PAGE BREAK--- ;jl RECYC./ ' BIKE 'b I OJ CDNC. PAD 549035 w-