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ORIGINAL AGREEMENT BETWEEN THE CITY OF MOSCOW AND CONRAD SMITH FOR THE REMOVAL OF MATERIAL THIS AGREEMENT is made this / day of June, 1995, between the City of Moscow, a municipal corporation of the State of Idaho (hereinafter referred to as the "City"), and Conrad Smith (hereinafter referred to as "Smith"): RECITALS WHEREAS, the City has enacted Ordinance No. 91-23 for the creation of Local Improvement District Number 1 13; and WHEREAS, the City has need for certain clay embankment material located upon real property owned by Smith for use in constructing public improvements relating to the improvement and construction of Styner Avenue in the City of Moscow, Latah County, Idaho; and WHEREAS, Smith has offered the City the use of the clay embankment material in exchange for its removal; and WHEREAS, the City Council fmds it to be in the best interests of the citizens of the City to agree with Smith for the removal of the clay embankment material; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: ARTICLE I. SMITH'S COVENANTS A. Smith does hereby agree that he desires that certain clay embankment material which is stockpiled on his real property in the City of Moscow, Latah County, Idaho, be removed. Pursuant to such removal, Smith agrees and grants the City the following easement, to-wit: An easement situated in the NE 1/4 of the SW 114 of Section 17, Township 39 North, Range 5 West, Boise Meridian Latah County, Moscow, Idaho and described as follows: Lot 2, Block 3, of Deerfield Addition to the City of Moscow (hereinafter referred to as the "Property"). AGREEMENT FOR THE REMOVAL OF MATERIAL BETWEEN THE CITY OF MOSCOW AND CONRAD SMITH Page 1 95-47 ---PAGE BREAK--- B. Smith does hereby agree that the City, its agents or contractors, may enter the Property for the purpose of obtaining and removing the clay embankment material stockpiled on the Property for use in constructing public improvements relating to the improvement and construction of Styner Avenue in the City of Moscow, Latah County, Idaho. C. Smith does hereby release all right, title and interest in the clay embankment material. ARTICLE II. CITY'S COVENANTS A. The City agrees to obtain and remove said clay embankment material from the Property for use in constructing public improvements relating to the improvement and construction of Styner Avenue in the City of Moscow, Latah County, Idaho. B. The City shall indemnifY and save Smith harmless from any and all claims, liabilities, losses, costs, charges or expenses to which Smith may be put by reason of any negligent act or omission of the City on account of use of the temporary easement and removal of the clay embankment materials. ARTICLE III. TERM This Agreement shall terminate upon completion of the Styner Avenue project. IN WITNESS WHEREOF, the parties have hereunto set their hand and seal this day of June, 1995. CITY OF MOSCOW By: Mayor Attest: .iP /I AGREEMENT FOR THE REMOVAL OF MATERIAL BETWEEN THE CITY OF MOSCOW AND CONRAD SMITH Conrad Smith Page2 ---PAGE BREAK--- STATE OF IDAHO COUNTY OF LATAH ACKNOWLEDGMENTS ) ) SS. ) On this ª«day of , 1995, before me, a Notary Public in and State, appeared Conrad Smith, known to me to be the person named above and "'ae#"ged that he executed the foregoing Agreement. £ : . Z [ J£ · • . . I) A " .CD t (t - • -B ' · ' ' ' 0 Notary Public in and for the cP 0• u e .fll \ / State of Idaho / ( •l Of ' STATE OF IDAHO COUNTY OF LATAH ) ) ss. ) On t'is day of . 1995, before me, a Notary Public in and • . • • • I. , ,&titEB!°e, appeared PIC. Agidius, known to me to be the Mayor of the City of ¥'1!cknowledged to me that he executed the foregoing AL ] . o6 \ A > % S 0 • y& : . = : ) . ? - o oc:.. - 8 e-o<: £ : · 'b (1 2 Notary Public in and for the cP \ • B / State ofldaho c:zjoz..,t/9 ••-eoo• @ / £ Of , STATE OF IDAHO COUNTY OF LATAH ) ) ss. ) On this I 4L day of f1u:.n..e , 1995, before me, a Notary Public in and for said State, appeared Blame Russell, known to me to be the City Clerk of the City of Moscow, and acknowledged to me that she executed the foregoing Agreement. e()ak Notary Public \n and for the State of Idaho ..¢bjP9 s1yner\smith3\sr AGREEMENT FOR THE REMOVAL OF MATERIAL BETWEEN THE CITY OF MOSCOW AND CONRAD SMITH Page 3