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580530 W I T N E S S ET H: WHEREAS, CITY is the owner of the street right-of-way within Hattabaughs's Subdivision of Lot 3 of Russell's Addition to the City of Moscow, I daho, and WHEREAS, Pearson Moscow Rentals LLC is/are the exclusive and sole owner(s) of the premises commonly known as 318 N. Washington Street, and more particularly described as Lot 7 of Block 4 of Frye 2nd Addition; and, WHEREAS, OWNER desires to partially encroach upon CITY's street right-of-way by the presence of a concrete parking spaces; and WHEREAS, CITY is willing to allow the continued presence of the concrete parkings in the CITY owned street right-of-way; and WHEREAS, CITY is willing to permit such encroachments only under the terms of this Encroachment Agreement; NOW, THEREFORE, CITY and OWNER hereby agree as follows: 1. Description. CITY will permit OWNER to maintain the following described encroachments upon CITY street right-of-way to the extent and in the manner described below: A. Premises. CITY-owned steet right-of-way along the east property line at 318 N. Washington Street. B. Encroached Space. The portion of CITY' s Premises (as defined in 1.A., above) upon which OWNER's concrete parking spaces will encroach, all as shown on Exhibit to this Encroachment Agreement, the same as if fully copied, transcribed, and adopted therein. 2. Use. OWNER shall have the right and privilege to utilize the Encroached Space only for the purpose of parking for residents of the dewellings located at 318 N. Washington Street. ENCROACHMENT AGREEMENT - CITY AND PEARSON Moscow RENTALS LLC PAGE] 0F4 Z-ol{p-050 ---PAGE BREAK--- 580530 3. Cleanliness. OWNER agrees that said Encroached Space shall be kept in good repair and in a neat, safe and sanitary condition, and that the Encroached Space shall be utilized in a manner so as not to endanger the safety or property of others. 4. Surrender of Premises and Return to Previous Condition. A. CITY may cause said Encroached Space to be vacated at any time and for any reason at OWNER's expense, following CITY's request that OWNER vacate said Encroached Space, within ninety (90) days of CITY's issuance of written notice to OWNER's last known address, as shown in the records of the Latah County Assessor's office. B. Should OWNER fail to vacate said Encroached Space within ninety (90) days of written notice sent by CITY requesting vacation of Encroached Space, CITY may cause said vacation without further notice to OWNER and OWNER shall be responsible for all expenses incurred by CITY in ensuring vacation of Encroached Space. C. OWNER understands and agrees that CITY shall have the unqualified right to revoke this Encroachment Agreement and demand that OWNER vacate the Encroached Space. 5. Limitation of Right. This Encroachment Agreement and the rights and privileges accruing to OWNER therefrom, shall not be construed to grant OWNER a property right, easement or any other interest in the public right-of-way, but shall only act as a revocable permission to encroach as set out in this Encroachment Agreement. CITY specifically and explicitly retains the right to enter the premises described herein for purposes of inspection of said premises and the Encroached Space during normal business hours. 6. Assignability Clause. Neither this Encroachment Agreement nor the rights, privileges, or obligations herein shall be assigned to any other party without prior written consent of CITY; however, such assignment shall not be unreasonably withheld by CITY as long as the party to which this Encroachment Agreement is assigned agrees in writing to abide by all obligations contained in this Encroachment Agreement. Any attempted assignment of this Encroachment Agreement without prior written approval by CITY shall be immediately and automatically void. 7. OWNER agrees to indemnify, defend, and hold harmless CITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of OWNER and related to construction and maintenance of the Encroached Space and anything within such Encroached Space and any other encroachment in CITY right-of-way, specifically excepting any claims arising out of the negligence, gross negligence, and/or intentional acts of CITY or its officers, agents, or employees. 8. The mutual promises and covenants in this Encroachment Agreement shall constitute a covenant running with the land for the benefit of CITY, its successors and assigns, and the terms, conditions, and covenants herein shall be binding upon and shall inure to the benefit of the successors and assigns of CITY and of OWNER. ENCROACHMENT AGREEMENT- CITY AND PEARSON Moscow RENTALS LLC PAGE2 0F4 ---PAGE BREAK--- 580530 IN !I"NESS WHEREOF,WNER and CITY have caused this Agreement to be executed on the - day of 2016. OWNER(S): .Ja+,11 John Pearson, Current Registered Agent of Pearson Moscow Rentals LLC CITY OF MOSCOW, I DAHO acDonald, P. E. D' ector of Public Works ACKNOWLEDGMENTS STATE OF IDAHO ) ) ss: County of Latah ) On this day of 2016, before me, a Notary Public in and for said State, appeared Les MacDonald, Director C: Public Works, known to me to be the person named above and acknowledged that he executed the foregoing Encroachment Agreement as the duly authorized representative of the City of Moscow_,,,l'l'JnWM fl. H. Co STATE OF IDAHO ) ) ss: County of Latah ) S" yr•: ¥ ¢ ff 0 TA II % \ .oueL\C) j . o £ ')fr, c OF 111111111111"'' Notary Public for the State of Idaho Residing at MOS{(J/!J 1 IP . My commission expires ¡ / 30( I 9 ' . On this X7.U....day of , 2016, before me, a Notary Public in and for said State, appeared.J'dA.n. WY@V\ knowYo be the person named above and acknowledged that he executed the foregoing Encroachment Agreement as the owner of 31 PE:t€ ªn'', © ªv • • uo¦§ ' ¨©Aft. = ¢ : - . . - : : 2·2 I : - • r. : - - . - , . . 0 , n . • . ' ¦ ¤ Al Of \v 111111111\\• Notary Public for the State of Idaho1 1 Residing at MrB e.oh) 'O My commission expires 1-1 ENCROACHMENT AGREEMENT - CITY AND PEARSON Moscow RENTALS LLC PAGE 3 0F4 ---PAGE BREAK--- Q) Q) c: 0 O> c: Cf) Encroachment/ EiCA.LE: NT-6 CITY OF ...COW CATE: JUL'I" ::ZC I ID O1WN BY: EXHI BIT 318 N. Washin ENCROACHMENT AGREEMENT- CITY AND PEARSON Moscow RENTALS LLC 580530 PAGE4 0F4 ---PAGE BREAK--- City of Moscow 221 E Second St ®80530 Permit Number: ENG2016-0136 Moscow ID 83843 Phone (208) 883-7022 Fax (208) 883-7033 FEES I RECEIPT Date: Wednesday, July 27, 2016 OWNER: PEARSON MOSCOW RENTALS LLC C/O John Pearson 103 E 2ND ST 318 & 320 N. Washington MOSCOW, ID 83843 Type: Engineering Water Meter Size: Site Address: 318 N WASHINGTON ST, MOSCOW FEE SUMMARY Date Description 06/23/2016 ROW Encroachment - Admin Total Due: Fee Amount $68.00 $68.00 Paid ($68.00) ($68.00) Balance Due $0.00 $0.00 NOTICE: Fee charges at submittal are partial payments only. Final fees will be assesed after review of plans and other project data is completed. PAYMENT TRANSACTIONS DATE 06/23/2016 RECBPT# REC006386 METHOD TRN: ATOAE842E865 APR: 06179C 101-000-00-421-18 PA YEE/COMM ENT John W. Pearson ROW Encroachment - Admin AMOUNT ($68.00) ($68.00) ---PAGE BREAK--- \ I 580530 ; Cl..-O-V·\ q-J I 6 '1 · 0ot-L(Gt L, V" \ .CL.1,.rL\ 'Sf>.eJ--0- L-:JC:L...tof h-.L- QI(.