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No. 1 2 0 J AT THE iiEr-·;-\ r"Ci=_: &9lAfffL ENCROACHMENT AGREEMENT f. " . 2510 EAST STREET StJSAN rEr r.:OJEN LATAH COUNTY Rt'CORDER ,.J;:,tl1y ,J9&1"3 THIS ENCROACHMENT AGREEMENT AT 2510 EAST STREET (hereinafter "Agreement") entered into the 15 ¯day of ffi , 2012, by and between City of Moscow, Idaho, a municipal corporation of the State ofldaho, (hereinafter "CITY"), 206 East 3rd Street, Moscow, Idaho, 83843, and Linda Elkins (hereinafter "OWNER"), owner of property located at 2510 East Street, Moscow, Idaho, 83843. W I T N E S S E T H: WHEREAS, CITY is the owner of the public property, located at 2510 East Street; and WHEREAS, OWNER is the exclusive and sole owner of the premises commonly known as 2510 East Street and identified as Latah County Parcel No. RPM11700080010; and, WHEREAS, OWNER desires to encroach upon CITY's property by a fence built within the City right-of-way on Street; and WHEREAS, CITY is willing to allow such encroachment only to the extent set out herein; NOW, THEREFORE, CITY and OWNER hereby agree as follows: 1. Description. CITY will permit OWNER to maintain the following described encroachment(s) upon CITY right-of-way to the extent and in the manner described below: A. Premises. CITY-owned property described as Street right-of-way contiguous with and along the southside of the OWNER's property at 2510 East Street. B. Encroached Space. The portion of CITY's Premises (as defined in l.A., above) upon which OWNER will encroach, 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 four foot high fence locatated approximately eleven feet (11 into the Street right of-way. The fence will cut the southwest comer at a forty-five (45°) degree angle to accommodate access to the utility box and the power pole. 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. ENCROACHMENT AGREEMENT- CITY AND 2510 EAST STREET PAGE 1 OF 3 20l2.·loR ---PAGE BREAK--- 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. 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 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 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. ENCROACHMENT AGREEMENT- CITY AND 2510 EAST STREET PAGE20F4 ---PAGE BREAK--- .O 1P·1:> 'Q •J Y) . . j i 3 r IN WITNESS WHEREOF, OWNER and CITY have caused this Agreement to be executed on the day of ) , 2012. OWNER: Owner ACKNOWLEDGMENT STATE OF IDAHO ) ) ss: County of Latah ) CITY OF MOSCOW, IDAHO MacDonald, P. E. irector of Public Works On this /¢day of m G. 2012, before me, a Notary Public in and for said State, appeared Les MacDon1lid,Dir© Public Works, known to me to be the person named above and ª\