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AGREEMENT TO HOLD HARMLESS This agreement is entered into this ...3:Jhday of 00tr: , 1994, by and between L. L. Inc., Lon Fletcher, President, owner real property Situated in the City of Moscow, Latah County, Idaho (hereinafter OWNER), and the City of Moscow, a municipal corporation of the State of Idaho (hereinafter, CITY); WITNESSETH: WHEREAS, the CITY desires to begin construction of a basketball court in Anderson/Frontier Park, an improvement of real property within the limits of the City of Moscow, Latah County, Idaho, for the purpose to benefit the residents of the City of Moscow; and WHEREAS, the OWNER is the owner of the real property adjacent to the park site; and WHEREAS, it is expedient and economical for the CITY and the CITY'S agents and contractors to access the park site by crossing OWNER'S property in a limited area; and WHEREAS, the OWNER has indicated his willingness to allow, without necessity of compensation, the CITY and CITY's agents and contractors to cross OWNER'S property for the purpose of constructing said basketball court; and WHEREAS, OWNER is concerned regarding the liability he will be exposed to as a result of the city's use of the property to access the park; NOW THEREFORE, OWNER and the CITY hereby agree as follows: 1. That the CITY shall hold OWNER harmless for any and all liability and/or damages of whatever nature arising from the use by the CITY of the owner's property for the purpose of accessing the park site. 2. That the term of this Agreement and hold harmless provision shall be in effect for the duration of time CITY utilizes owner's property for access to the park site. At the time that the construction of the basketball court is completed, this Agreement shall automatically terminate. 3. That in consideration of this Agreement OWNER agrees to allow the CITY to utilize owner's property for the purpose of access to the park site for the purpose of construction of said basketball court. 94-59 ---PAGE BREAK--- 4. The CITY will repair, or compensate for, damages caused the property by construction activity. 5. That this Agreement shall be binding upon the heirs, assignees and purchasers of owner's property. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. OWNER: CITY OF MOSCOW: #rl c { Jir - Lon Fletcher, President Paul C. Agidius, Mayor ATTEST: Elaine Russell, City Clerk