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I I I I 499831 TEMPORARY EASEMENT AND HOLD HARMLESS AGREEMENT THIS TEMPORARY EASEMENT AND HOLD HARMLESS AGREEMENT between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY") and North Country Landscaping, c/o Pat O'Connell, 333 East Troy Highway, Moscow, Idaho, 83843 (hereinafter "OWNER"), for the purposes of demolishing and removing a bridge located on North Country Landscaping property, 333 East Troy Highway, Moscow, Idaho, 83843. WHEREAS, OWNER wishes to grant CITY a Temporary Easement and the right to go upon, come, occupy and use OWNER'S property for a period from September 12, 2005 through not beyond midnight December 2, 2005 for purposes of demolishing and removing a bridge on such property; ar1d WHEREAS, CITY voluntarily wishes to defend, hold harmless and indemnify OWNER for any damages or claims of such damages against OWNER as a result of CITY'S employees or agent's actions; and WHEREAS, OWNER understands each and every provision of this Agreement; and WHEREAS, OWNER has read this Agreement before signing it; and WHEREAS, OWNER has been free to consult with legal counsel and others before signing this Agreement; and WHEREAS, OWNER voluntarily enters into this Agreement without coercion, prom1se or penalty. I. HOLD HARMLESS AGREEMENT NOW THEREFORE, OWNER, for himself, his heirs, representatives, successors and assigns, in consideration with the foregoing covenants with CITY and its successors, agents, representatives, employees and assigns agree as follows: CITY covenants to save, defend, keep and hold harmless and to indemnify OWNER and all of its agents, employees and representatives from and against any and all claims, loss, damages, injury, cost (including court costs and attorney fees), charge, liability or exposure, however caused, resulting from, arising out of, or in any way connected with CITY'S demolition and removal of the bridge on OWI'<'ER'S property and any obligations under this Agreement. 1. Terms of this Agreement shall continue in full force and effect in perpetuity. 2. In executing this Agreement, OWNER represents and warrants that OWNER has complete! y read, fully understands, and voluntarily accepts its terms. TEMPORARY EASEMENT AND HOLD HARMLESS A0Rf:.EM£NT I I I I I I ---PAGE BREAK--- 1199831 3. In executing this Agreement, OWNER and CITY expressly reserve any and all rights that OWNER and/or CITY may have against any person, firm, or corporation other than CITY, its successors, representatives, and assigns. II. TEMPORARY CONSTRUCTION EASEMENT KNOW BY ALL MEN THESE PRESENTS, that North Country Landscaping, OWNER of property at 333 East Troy Highway, Moscow, Idaho, 83843 (hereinafter "OWNER") for and in consideration of one dollar and other valuable consideration in hand paid, receipt which is hereby recognized, does hereby grant City of Moscow, Idaho (hereinafter "CITY"), 206 East Third Street, Moscow, Idaho, 83843, a temporary construction easement and the right to go upon, occupy and use property located at the address commonly known as North County Landscaping, City of Moscow, Idaho for the purpose of demolition and removal of the bridge on OWNER'S property and use of the above described property for ingress and egress and related equipment by CITY, its employees, agents or contractors. Said Temporary Easement shall automatically expire on or before midnight December 2, 2005. CITY is granted the aforementioned rights, together with the rights and privileges of ingress and egress to and from any property for said purposes. IN WITNESS WHEREOF, OWNER and CITY have hereunto set their hands and seal this :&r.d day of Oc:to b?r , 2005. CITY OF MOSCOW, IDAHO TEMPORARY EASEMENT AND HoLD HARMLESS AGREEMENT Pat O'Connell PAGE20F3 ---PAGE BREAK--- STATE OF IDAHO ) ) ss: COUNTY OFLATAH ) On this day of September, 2005, before me, the undersigned, a Notary in and for said State, personally appeared Pat O'Cormell, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same as the duly authorized representative. <;>fNorth Country Landscaping. 1/flt rN I have hereunto set my hand and affixed my official seal the day and yeÀT:ei . - c - - = - \PUBLIC / § . . 0 · · . . . . . . · · /It· , 11111 il\11 Agreement llicenseAgreement, TEMPORARY EASEMENT AND HOLD HARMLESS AGREEMENT PAGE30F3