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ORIGINAL AGREEMENT BETWEEN THE CITY OF MOSCOW AND THOMAS MELVILLE $ I THlS AGREEMENT is made this day of June, 1995, between the City of Moscow, a municipal corporation of the State of Idaho (hereinafter referred to as the "City"), and Thomas Melville (hereinafter referred to as "Melville"): RECITALS WHEREAS, the City has enacted Ordinance No. 91-23 for the creation of Local Improvement District Number 113; and WHEREAS, Melville owns real property located along Styner A venue, commonly known as 123 Styner A venue (hereinafter referred to as the " Property"), a portion of which will be impacted by the public improvements to be made to Styner Avenue; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: ARTICLE I. MELVILLE'S COVENANTS A. Melville agrees and grants the City an easement, to-wit: See Exhibit A, attached hereto and made a part hereof. B. Melville does hereby agree that the City, its agents or contractors, may enter the Property for the purpose of constructing a retaining wall in connection with public improvements relating to the Styner A venue improvement project. C. Melville understands that he may be entitled to just compensation for the City's use or taking of his Property in connection with the Styner A venue improvement project, and does hereby agree that he does waive any and all rights to any determination and payment by the City of just compensation other than the cost of construction of the retaining wall to be constructed by the City. D. Melville shall indemnity and save the City, its agents and employees, harmless from any and all claims, liabilities, losses, costs, charges or expenses to which the City may be put by reason of any negligent act or omission of Melville on account of use of the temporary easement. If any action, claim or demand is made against the City for any negligent act or omission of Melville, Melville agrees to assume the expense and shall pay all costs, charges, attorney fees, settlements, judgments or other expenses incurred by or obtained against the City. AGREEMENT BETWEEN THE CITY OF MOSCOW AND THOMAS MEL VILLE Page 1 95-46 ---PAGE BREAK--- ARTICLE II. CITY'S COVENANTS A. The City agrees to construct a retaining wall on the Property in connection with the public improvements relating to the improvement and construction of Styner Avenue in the City of Moscow, Latah County, Idaho. B. The City agrees to construct the retaining wall in accordance with plans and specifications for the Styner Avenue Improvement Project, L.I.D. Number 113, on file with the City of Moscow Engineering Department, Moscow, Idaho. C. The City agrees to salvage Melville's sign and to re-set said sign in a new location on the property to be mutually agreed upon between the parties. ARTICLE III. TERM This easement shall expire at the completion of the proposed project. ` IN WITNESS WHEREOF, the parties have hereunto set their hand and seal this l1- day of June, 1995. AGREEMENT BETWEEN THE CITY OF MOSCOW AND THOMAS MEL VILLE CITY OF MOSCOW By : f1 - Attest: City Clerk ( Thomas Mel ville Page 2 ---PAGE BREAK--- STATE OF IDAHO COUNTY OF LATAH ACKNOWLEDGMENTS ) ) SS. ) On this 3 day of 1995, before me, a Notary Public in and . Jor:,at%',Sfate.,,:ppeared Thomas Melville, known to me to be the person named above and ; ::'.e19j,Qw()ge* 'at he executed the foregoing Agreement. .i A ª o° · 7 D /7 . . + 'i 2 huco.h r00SJ---oLJ. , 'l • - : ! Notary Public in and for the , K• U . L \ C V 1 State of Idaho if• ;j X 1 ) < I I < C) - I - © \.JI • \ vq.-, \ sT'R1lBóFt;iDAHO COUNTY OF LATAH ) ) ss. ) 01:\ t of 0. 1995, before me, a Notary Public in and ajdoStatôõ öred gidius, known to me to be the Mayor of the City of ahf.l"aekb(}÷ledged to me that he executed the foregoing Agre ment. #f ' \ . . ' (l . - n t t:c W - - u D f Notary Public in and for the " v·.J> e• f d h State o I a o . E 0 c \ v STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) On this W day of 1995, before me, a Notary Public in and for said State, appeared E e Russell, known to me to be the City Clerk of the City of Moscow, and acknowledged to me that she executed the foregoing Agreement. stynerune\villc2\sr AGREEMENT BETWEEN THE CITY OF MOSCOW AND THOMAS MELVILLE Page3 ---PAGE BREAK--- EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Thomas Melville, GRANTOR, for and in consideration of one dollar and other valuable consideration in hand paid, does hereby grant the City of Moscow, Idaho, GRANTEE, 122 East Fourth Street, Moscow, Idaho 83843, a temporary construction easement and the right to go upon, occupy and use property in the City of Moscow, Latah County, Idaho, to-wit: The northerly 40.00 feet of the Thomas Melville tract as described in Warranty Deed No. 404743 as recorded with the Latah County Recorder's Office, and located in the northwest quarter of the southwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho. for the purpose of constructing public improvements relating to the improvement and construction of Styner A venue in the City of Moscow, Latah County, Idaho by the City of Moscow or its agents or contractors according to the following conditions: 1. The GRANTEE agrees to reconstruct GRANTOR'S parking area in accordance with plans and specifications for the Styner Avenue Improvement Project, L.I.D. #113, on file with the City of Moscow Engineering Department, Moscow, Idaho. 2. The GRANTEE shall indemnify and save GRANTOR, his agents and employees, harmless from any and all claims, liabilities, losses, costs, charges or expenses to which GRANTOR may be put by reason of any negligent act or omission of the GRANTEE on account of use of the temporary easement. If any action, claim or demand is made against GRANTOR for any negligent act or omission of the GRANTEE, the GRANTEE agrees to assume the expense and shall pay all costs, charges, attorney fees, settlements, judgments or other expenses incurred by or obtained against GRANTOR. · 3. GRANTEE agrees to compensate GRANTOR for actual loss of revenues to GRANTOR'S business as a direct result of GRANTEE'S excavation of GRANTOR'S parking lot. Such shall be proven by historical data evidencing previous business revenues. No losses shall be paid unless based upon such historical data. No compensation shall be paid to GRANTOR for any loss of revenues to GRANTOR'S business alleged to have resulted from GRANTEE'S excavation and/or improvements occurring in the public right-of-way. 4. This easement shall expire at the completion of the proposed project. TEMPORARY CONSTRUCTION EASEMENT PAGE 1 ---PAGE BREAK--- EXHIBIT A GRANTEE is granted the aforementioned rights, together with the rights and privileges of ingress and egress to and from any property for said purposes. s\IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal this 3 day of rvl"'y 199ø o t; uP I Thomas Melville ACKNOWLEDGMENTS D On this l day of vy- , 1994; before me, a Notary Public of the State of Idaho, personally appeared Thomas Melville, known to me to be the person described in the foregoing document, and acknowledged to me that he had executed the foregoing instrument. styner\melville\sr TEMPORARY CONSTRUCTION EASEMENT Dsuc.(> h s\ -o · Notary Public residing at t' o , Commission expires: \ Y +S lR PAGE2