Full Text
TEMPORARY CONSTRUCTION EASEMENT AND HOLD HARMLESS AGREEMENT (DREDGING) Agreement between City of Moscow, Idaho, a municipal corporation of the State of Idaho located at 206 East Third Street, Moscow, Idaho 83843 (hereinafter "CITY") and Rick Craig Million and Pamela Gene Pauley, owners of property contiguous with the Paradise Creek at the address commonly known as 862 White Avenue, Moscow, Idaho, 83843, (hereinafter "OWNERS"). WHEREAS CITY is undertaking the dredging, removal of debris and obstructions, and other related cleanup of the Paradise Creek within City of Moscow, Idaho city limits (hereinafter "dredging"); and WHEREAS, OWNERS recognize and agree that such dredging has a direct and positive financial impact upon 0\VNERS' property which is immediately adjacent to Paradise Creek; and WHEREAS, OWNERS recognize that such direct and positive financial impact to OWNERS property includes but is not limited to relieving OWNERS of cost of such dredging, reducing the likelihood of flooding of OWl\'ERS' property and other recognized tangible benefits; and WHEREAS, OWNERS wish CITY to dredge as soon as practical and without delay; and WHEREAS, OWNERS recogmze that such dredging 1s done primarily for OWNERS benefit; and WHEREAS, OWNERS wish to grant CITY a Temporary Construction Easement and the right to go upon, come, occupy and use OWNERS' property during the pendency of the dredging project described herein; and WHEREAS, OWNERS voluntarily wish to defend, hold harmless and indemnify CITY for any damages or claims of such damages against CITY as a result of CITY'S employees or agent's actions related to the dredging project; and WHEREAS, OWNERS understand each and every provision of this Agreement; and WHEREAS, OWNERS have read this Agreement before signing it; and WHEREAS, OWNERS has been free to consult with legal counsel and others before signing this Agreement; and Temporary Easement & Hold Harmless Agreement (Dredging) q ---PAGE BREAK--- FRC\'1 Havasu Oct-. 28 1'39'3 03: 17Pi'1 PS l;o ',JP lfl Arlz.,"'a STATE OF ) VL ) U COUNTY OF LA1'Mi } On this day of Ot.:fa bf!r !999, before me, the undersigned, a Notary in and t'Qr llllid State, personally apptiii lll'l! privileges ofi"i1"S• a!'ld w a!'ld from e:ny prop