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41G166 ENCROACHMENT AGREEMENT This agreement entered into the day of 0 ch her , 1995, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the "CITY," and Jim and Judy Kasper, husband and wife, herein and after referred to as the "OWNERS," owners of property located at 724 W. St., Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of a 60-foot-wide right-of-way located adjacent to premises at 724 W. St. (corner of and Home Streets), Moscow, Idaho; and, WHEREAS, the OWNERS own the premises described at the above address; and, WHEREAS, the OWNERS desire to encroach upon a portion of the presently unused City right-of-way through construction of a fence; and, WHEREAS, the CITY is willing to permit such encroachment under the terms of this agreement. NOW, THEREFORE, the CITY and the OWNERS hereby agree as follows: 1. The CITY will permit the OWNERS to construct the following described encroachment which will encroach upon City right-of way in the manner described below: Construction of a chain link fence into the Home St. right-of-way approximately 15 feet. 2. The OWNERS hereby assume all liability for the encroachment and shall hold the CITY harmless and defend any claim against the CITY related to said encroachment. 3. The CITY may cause said encroachment to be removed at OWNERS' expense from the City right-of-way by requesting that the OWNERS remove said encroachment within ninety (90) days of receipt of written notice. 4. Should the OWNERS fail to remove said encroachment within ninety (90) days of receipt of said written notice, the CITY may 95-79 ---PAGE BREAK--- 41b166 cause said encroachment to be removed without further notice to the OWNERS and the OWNERS shall be responsible for all expenses incurred by the CITY in removing said encroachment, including courts costs and reasonable attorney's fees. 6. For the purpose of this agreement, the addresses of the parties shall be as follows: City of Moscow P.O. Box 9203 Moscow, ID 83843 OWNERS: Jim and Judy Kasper 3CJJ