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448271 ENCROACHMENT AGREEMENT This Encroachment Agreement (hereinafter "Agreement") entered into the ay of 0mber, 1999, 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 MOSCOW FOOD COOPERATIVE, hereinafter "LESSEE"), lessees of property located at 310 West Third Street, Moscow, Idaho, 83843; WITNESSETH: WHEREAS, CITY is the owner of an eighty foot (80') wide right-of-way (commonly known as Fourth Street) located adjacent to and south of LESSEE'S business at 310 West Third Street in Moscow; and, WHEREAS, LESSEE leases the premises described at the above address; and, WHEREAS, LESSEE desires to encroach upon a portion of presently unused CITY rigbt-of-way through construction of a loading ramp and related improvements; and WHEREAS, CITY is willing to permit such encroachment only under the terms of this Agreement; NOW, THEREFORE, CITY and LESSEE hereby agree as follows: 1. CITY will permit LESSEE to construct, operate, and maintain a loading ramp and related improvements which will encroach upon the above described CITY right-of-way subject to this Agreement. 2. LESSEE agrees to indemnify, defend, and hold harmless CITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of LESSEE and its construction, use, and operation of the loading ramp and any other encroachment in CITY right-of-way. 3. CITY may cause said encroachments to be removed at any time and for any reasons and at LESSEE'S expense from the CITY right-of-way following CITY'S request that LESSEE remove said encroachments and within ninety (90) days of LESSEE'S receipt of written notice. 4. Should LESSEE fuil to remove said encroachments within ninety (90) days of LESSEE'S receipt of said written notice by CITY, CITY may cause said encroachments to be removed without further notice to LESSEE and LESSEE shall be responsible for all expenses incurred by CITY in removing said encroachments, including court costs and reasonable attorney's fees. 5. Additionally, LESSEE specifically agrees to utilize the loading ramp in such a way as to minimize public traffic interruption on Fourth Street and LESSEE shall utilize LESSEE'S best efforts to maintain at least one lane of traffic on Fourth Street open to public use at all times, including during deliveries. Encroachment Agreement I Moscow Coop Page I of3 ---PAGE BREAK--- 6. For the purpose of this Agreement, the addresses of the parties shall be as follows: CITY: CITY of Moscow P 0 Box 9203 \loscow, ID 83843 LESSEE: Moscow Food Cooperative P 0 Box 9485 Moscow, ID 83843 This Agreement shall be in full force and effect for so long as said loading ramp and related encroachments remain upon CITY right-of-way. The mutual promises and covenants in this Agreement shall constitute a cm·enant running with the land for the benefit of CITY, its successors and assigns, and the terms, conditions, and covenants herein shall be binding upon and shail inure to the benefit of the successors and assigns of CITY and of LESSEE IN \\1TNESS WHEREOF, LESSEE and CITY, by an througMayor and CITY Clerk, have caused this Agreement to be executed on the I c::f day of· 'tuber, 1999. LESSEE CITY Encroachment Agreement I Moscow Coop Page 2 of3 448271 ---PAGE BREAK--- ACKNOWLEDGMENT STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) On this j S-r11day ofilfir, 1999, before me, a Notary Public in and for said State, appeared Nick Ogle, known to me to be the person named above and acknowledged that he executed the forego,qg,En