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@ 495412 THIS INSTRUMENT FILED AS AN ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION, INSURABIUTY OR AFFECT ON TITLE. · PARADISE PATH EASEMENT AGREEMENT Boise • Ketchum • Pocatello • Reno www.hteh.com 2005-14 ---PAGE BREAK--- 49E412 PARADISE PATH EASEMENT AGREEMENT THIS PARADISE PATH EASEMENT AGREEMENT ("Agreement") is entered into on AfRI z_ lg: , 200_£, by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho ("City"), and Regents of the University of Idaho, a public corporation and state educational institution, organized and existing under the Constitution and laws of the state of Idaho ("Regents"). 1. GRANT OF EASEMENT. Regents, as grantor, hereby grants to City a perpetual, nonexclusive easement ("Paradise Path Easement") for ingress and egress by pedestrian traffic, law enforcement, emergency and maintenance personnel, and the installation, operation, maintenance, repair and replacement of any improvements associated with pedestrian, law enforcement, emergency or maintenance traffic, including, without limitation, paving, stripping, lighting, and signs, upon, over and across ten (10) feet on both sides of the line drawn on Exhibit attached hereto and made a part hereof ("Easement Property"). City may, but shall not be obligated to, improve, pave, maintain, or provide law enforcement over the Easement Property. The Paradise Path Easement shall be a burden on the Easement Property, and shall run with the land. 2. MAINTENANCE AND REPAIR. Regents, at Regents' cost and expense, shall maintain and repair or cause to be maintained and repaired, and Regents hereby agrees to maintain and repair, the Easement Property in good condition. Regents may, but shall not be obligated to, install improvements upon, over or across the Easement Property, including, without limitation, paving, stripping, lighting, telephones and signs. In the event City elects to improve, pave, or maintain all or part of the Easement Property, prior to the start of such work, City shall obtain Regents' prior written approval to the plans and specifications for the work. Such work shall be performed at the City's cost and expense unless otherwise agreed to by both parties. Such work shall be constructed and maintained in accordance with all local, state and federal laws, rules and regulations applicable thereto. All work performed in the Easement Property shall be effected as expeditiously as possible and in such a manner as not to unreasonably interfere, obstruct or delay use or enjoyment of the Easement Property or surrounding properties by either party. 3. OBSTRUCTIONS. No buildings, structures or other improvements unreasonably obstructing pedestrian traffic shall be constructed within the Easement Property. For purposes of this Agreement, pedestrian traffic shall include walking, cycling (non-motorized), skating, other common forms of non-motorized, on-the-ground travel, and wheelchair or similar conveyances, whether or not powered or motorized, operated by a person with a disability and permitted on restricted bike paths or pedestrian walkways by City. PARADISE PATH EASEMENT AGREEMENT - 1 of 7 ---PAGE BREAK--- ---PAGE BREAK--- 4. RELOCATION. 495 412 From time to time upon prior written notice to City, Regents may relocate, modify or change the course of the Palouse Path Easement provided that such relocation, modification or change: does not unduly impact pedestrian traffic, is improved to the same or better condition as the former location, maintains the continuity of the Paradise Path Easement (provided that minor breaks in the path are permitted, for example to cross a street, traverse a court yard, or sidestep a building), and Regents, at Regents cost and expense, records in the official records of Latah County a revised Exhibit to this Agreement showing the new location of the Paradise Path Easement which shall replace the Exhibit attached hereto. 5. INSURANCE. Each party shall maintain at its sole cost and expense commercial general liability insurance, or its equivalent, covering bodily injury in the sum of not less than the maximum limit on liability set forth in the Idaho Tort Claims Act (currently $500,000) per person and per occurrence and property damage in the same amount per occurrence. All insurance required hereunder shall be on an occurrence basis or on a claims made basis covering claims occurring during the policy period and reported within three years of the date of occurrence, and shall be maintained in full force and effect in a company or companies authorized to do business in the state of Idaho. All insurance required hereunder and obtained by City shall name 'The State of Idaho and The Regents of the University of Idaho, its agents, its employees, and its assigns" as additional insureds. All insurance required hereunder and obtained by Regents shall name "City of Moscow, its agents, its employees, and its assigns" as additional insureds. Such insurance policies shall contain a clause in which the insurance company will endeavor to give written notice to the additional insured thirty (30) days in advance of the cancellation of such insurance. Certificates of insurance and additional insured endorsements shall be provided upon written request from the other party. Said certificates and endorsements shall evidence compliance with all provisions of this Section 5. 6. PROPERTY CONVEYED AS-IS. City is relying solely upon City's inspections as to the condition of the Easement Property. Except as expressly set forth in this Agreement, neither Regents nor Regents' agents or employees are making, have made and Regents expressly disclaims any representations or warranties, express or implied, with respect to any aspect, feature or condition of the Easement Property including, without limitation, the existence of hazardous waste, or the suitability of the Easement Property for any intended use. City must independently verify all information and reports regarding any aspect or feature of the Easement Property. City is acquiring an interest in the Easement Property in "As Is" condition with all faults including both latent and patent defects and City releases Regents from any and all liability relating to any existing aspect or condition of the Easement Property, known or unknown, foreseeable or unforeseeable, actual or contingent, arising by statute, common law or otherwise. As used herein "hazardous waste" shall mean any hazardous waste or pollutants, contaminants or hazardous waste as defined by the Federal Water Pollution Control Act, the Comprehensive Environmental Response, Compensation and liability Act of 1990 and any amendments thereto, the Resource Conservation and Recovery Act and any amendments thereto or any similar state, local or PARADISE PATH EASEMENT AGREEMENT - 2 of 7 0!'\011 (l1 77l'l:O"eP.reB / . known or identified to me to be the of Regents of the University of Idaho, the body politic and corporate that executed the within instrument or the person who executed the instrument on behalf of said body politic and corporate, and acknowledged to me that such body politic and corporate executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Publiq fOJ;j<;lat)o , . 1 • UJ . Res1d1ng at /?tJJ('ch.u. J(.K£fi. u My commission expires cR0/0 I PARADISE PATH EASEMENT AGREEMENT - 6 of 7 495412 05011.0123.778934.2