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ENCROACHMENT AGREEMENT 627 NORTH VAN BUREN AT THE liEC\ ':ST CF: trry t14rJ&!/.P 1246sttPld/ y7NJ LATAH COU!HY h Fee 8' THIS ENCROACHMENT AGREEMENT 627 NORTH VAN BUREN (hereinafter "Agreement") entered into the \Dt * day of , 2012, 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 Sojourners' Alliance, Inc. (hereinafter "OWNER"), owner of property located at 627 North Van Buren, Moscow, Idaho, 83843. W I T N E S S E T H : WHEREAS, CITY is the owner of the McKinley Street right-of-way immediately north of and adjacent to the Sojourners' Alliance, Inc. property at 627 North Van Buren Street; and WHEREAS, OWNER is the exclusive and sole owner of the premises commonly known as 627 North Van Buren Street; and, WHEREAS, OWNER desires to encroach upon sixty feet by one hundred thirty five feet (60'x135') of CITY's McKinley Street right-of-way immediately north of and adjacent to the Sojourners' Alliance Inc. property at 627 North Van Buren Street, Moscow, Idaho, for the purpose of gardening; and WHEREAS, CITY is willing to allow surface encroachment on sixty feet by one hundred thirty five feet (60'x135') of the McKinley Street right-of-way; and WHEREAS, CITY is willing to permit such encroachments only under the terms of this Encroachment Agreement; NOW, THEREFORE, CITY and OWNER hereby agree as follows: 1. Description. CITY will permit OWNER to maintain the following described encroachments upon CITY right-of-way to the extent and in the manner described below: A. Premises. CITY-owned property described as the McKinley Street (unconstructed) right-of-way contiguous with and immediately north of OWNER's property at 627 North Van Buren. B. Encroached Space. The approximately a sixty foot by one hundred thirty five foot (60' x 135') portion of City's Premises (as defined om l.A., above) upon which OWNER may plant and maintain a seasonal garden, all as shown on Exhibit to this Encroachment Agreement, the same as if fully copied, transcribed, and adopted therein. 2. Use. OWNER shall have the right and privilege to utilize only the above-ground Encroached Space for any lawful purposes (including, but not limited to, the presence of fences). ENCROACHMENT AGREEMENT- CITY AND SOJOURNERS' ALLIANCE, INC. PAGE 1 OF3 ---PAGE BREAK--- 3. Cleanliness. OWNER agrees that said Encroached Space shall be kept in good repair and in a neat, safe and sanitary condition and that the Encroached Space shall be utilized in a manner so as not to endanger the safety or property of others. 4. Surrender of Premises and Return to Previous Condition. A. CITY may cause said Encroached Space to be vacated at any time and for any reason and at OWNER's expense following CITY's request that OWNER vacate said Encroached Space and within ninety (90) days of CITY's issuance of written notice to OWNER's last known address, as shown in the records of the Latah County Assessor's office. B. Should OWNER fail to vacate said Encroached Space within ninety (90) days of written notice sent by CITY requesting vacation of Encroached Space, CITY may cause said vacation without further notice to OWNER and OWNER shall be responsible for all expenses incurred by CITY in ensuring vacation of Encroached Space. C. OWNER understands and agrees that CITY shall have the unqualified right to revoke this Encroachment Agreement and demand that OWNER vacate the Encroached Space. 5. Limitation of Right. This Encroachment Agreement and the rights and privileges accruing to OWNER therefrom, shall not be construed to grant OWNER a property right, easement or any other interest in the public right-of-way, but shall only act as a revocable permission to encroach as set out in this Encroachment Agreement. CITY specifically and explicitly retains the right to enter the premises described herein for purposes of inspection of said premises and the Encroached Space during normal business hours. 6. Assignability Clause. Neither this Encroachment Agreement nor the rights, privileges, or obligations herein shall be assigned to any other party without prior written consent of CITY; however, such assignment shall not be unreasonably withheld by CITY as long as the party to which this Encroachment Agreement is assigned agrees in writing to abide by all obligations contained in this Encroachment Agreement. Any attempted assignment of this Encroachment Agreement without prior written approval by CITY shall be immediately and automatically void. 7. OWNER 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 OWNER and related to construction and maintenance of the Encroached Space and anything within such Encroached Space and any other encroachment in CITY right-of-way, specifically excepting any claims arising out of the negligence, gross negligence, and/or intentional acts of CITY or its officers, agents, or employees. 8. The mutual promises and covenants in this Encroachment Agreement shall constitute a covenant running with the land for the benefit of CITY, its successors and assigns, and the ENCROACHMENT AGREEMENT- CITY AND SOJOURNERS' ALLIANCE, INC. PAGE2 OF3 ---PAGE BREAK--- terms, conditions, and covenants herein shall be binding upon and shall inure to the benefit of the successors and assigns of CITY and of OWNER. IN WITNESS WH REOF, OWNER and CITY have caused this Agreement to be executed on the day of .l't' , 2012. OWNER: CITY OF MOSCOW, IDAHO Darrell Keirn President L?i:no Director of Public Works Sojourners' Alliance, Inc. STATE OF IDAHO ) ) ss: County of Latah ) ACKNOWLEDGMENT On this ;20 day of Al()r; ( , 2012, before me, a Notary Public in and for said State, appeared Les MacDonald,' Director of Public Works, known to me to be the person named above and acknowledged that he executed the foregoing Encroachment Agreement as the duly authorized repr\ßàH;:e of the City of Moscow, Id aho. K 111111 ] de··• ' ' , ·:vrb § OTAtyp. 8 Notary Public fOl'the stateOfidaho Residing at :C:f) \ AlJ C § My cornrnissiOilePires 1z2. W BL\ • • Y ^ I . Ql'•. . . · " - • • • • • ` l: OF ACKNOWLEDGMENT STATE OF IDAHO ) ) ss: County of Latah ) On this /9 day of a Y' I; I ' 2012, before me, a Notary Public in and for said State, appeared Darrell Keirn, restdent, known to me to be the person named above and acknowledged that he executed the foregoing Encroachment Agreement as the exclusive and sole owner of 627 North.N:m 1J},w.en, Moscow, Idaho. ,z,w ciA ' A It/ · ' ) .s-q_0 It4/,;, 1 23/ g / OTAJi;·. otárâ Public fo'rteStateofdailo at t I § : Z : * § My commission e pires I ;22 I ;J.p/fL 5 \ AlJBL\C : / I I U . . Y X <9 V ENCROACHMENf'765ND SOJOURNERS' ALLIANCE, INC. PAGE 3 OF 3 lfi/Jif II ---PAGE BREAK--- McKinl4 Street (unconstructed) CITY OF MOSCOW ENGINEERING DEPARTMENT MOSCOW, IDAHO EXHIBIT EXHIBIT ENCROACHMENT AGREEMENT- CITY AND SOJOURNERS ALLIANCE 550705 PAGE40F4