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ENCROACHMENT AGREEMENT FOR ELM STREET, MOSCOW, IDAHO THIS ENCROACHMENT AGREEMENT FOR ELM STREET, MOSCOW, IDAHO (hereinafter "Agreement"), by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and the University of Idaho, 875 Perimeter Drive, Moscow, Idaho, 83844, (hereinafter "UNIVERSITY"). W I T N E S S E TH: WHEREAS, CITY is the owner of the public street right-of-way for Elm Street, within the Cochran's and Taylor-Lauder Additions to the City of Moscow, Idaho; and WHEREAS, the University of Idaho and the City of Moscow entered into an Agreement for Street Maintenance Services dated October 2008 wherein UNIVERSITY is authorized to perform street maintenance and operations activities upon select City rights of way including the extent of Elm Street; and WHEREAS, UNIVERSITY desires to partially encroach upon CITY's Elm Street right-of-way by the presence of three solid waste receptacles; and WHEREAS, CITY is willing to allow the continued presence of the solid waste receptacles in the CITY's Elm Street right-of-way; and WHEREAS, CITY is willing to pennit such encroachments only under the terms of this Encroachment Agreement; NOW, THEREFORE, CITY and UNIVERSITY hereby agree as follows: I. Description. CITY will permit UNIVERSITY to maintain the following described encroachments upon CITY's Elm Street right-of-way to the extent and in the manner described below: A. Premises. CITY's Elm Street right-of-way with specific locations at the north-east comer of University Street and Elm Street, the nmth-west comer of Idaho Street and Elm Street and the south-east comer of Seventh (7th) Street and Elm Street. B. Encroached Space. The portion of CITY's Premises (as defined in 1.A., above) upon which UNIVERSITY's solid waste receptacle will encroach, all as shown on Exhibit to this Encroachment Agreement, the same as if fully copied, transcribed, and adopted therein. 2. Use. UNIVERSITY shall have the tight and privilege to utilize the Encroached Space only for the presence of one solid waste receptacle at each described location with each receptacle encroaching in a space approximately thirty inches by thirty inches (30" x 30"). Such encroachment shall not hinder use of the public sidewalk within the public right of way. ENCROACHMENT AGREEMENT- CITY AND UNIVERSITY OF IDAHO PAGE I 0F4 ---PAGE BREAK--- 3. Cleanliness. UNIVERSITY 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. SmTender 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 UNIVERSITY's expense, following CITY's request that UNIVERSITY vacate said Encroached Space, within ninety (90) days of CITY's issuance of written notice to UNIVERSITY's last known address, as shown in the records of the Latah County Assessor's office. B. Should UNIVERSITY 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 UNIVERSITY and UNIVERSITY shall be responsible for all expenses incurred by CITY in ensuring vacation of Encroached Space. C. UNIVERSITY understands and agrees that CITY shall have the unqualified right to revoke this Encroachment Agreement and demand that UNVERSITY vacate the Encroached Space. 5. Limitation of Right. This Encroachment Agreement and the rights and privileges accruing to UNIVERSITY therefrom, shall not be construed to grant UNIVERSITY 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. CITY and UNIVERSITY are each considered a Governmental entity under the Idaho Tort Claims act (Idaho Code 6-901 through 6-929). CITY' s liability coverage is provided through the Idaho Counties Risk Management Program (ICRMP). UNIVERSITY's liability coverage is provided through a self-funded liability program administered by the State of Idaho Office of Insurance Management. Limits of liability, and of UNIVERSITY and CITY's indemnification hereunder, with respect to claims covered by the Idaho Tort Claims Act, are five hundred thousand dollars ($500,000) Combined Single Limits, which amount is CITY's and UNIVERSITY's limit of liability under the Idaho Tort Claims Act. Nothing in this agreement shall be construed so as to expand the liability of CITY or UNIVERSITY beyond the limit of liability under the Idaho Tort Claims Act for any claims covered by such act. ENCROACHMENT AGREEMENT- CITY AND UNIVERSITY OF IDAHO PAGE 2 0F4 ---PAGE BREAK--- 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 UNIVERSITY. IN WITNESS WHEREOF, UNIVERSITY and CITY have caused this Agreement to be executed on the *dayof c>9IP6-e: , 2017. UNIVERSITY: Daniel Ewart, Vice President of Infrastructure University of Idaho ACKNOWLEDGMENTS ST ATE OF IDAHO County of Latah ) ) ss: ) ` On rhi I day of Qc.(o&-1<_ . , 2017, before me a Notary Public in and for said State. appeared Les MacDonald, P.E., Director of 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 Moscm·ttuh\t!Jf]; H. C 111.11/, 12 01( pJ STATE OF County of abv c n o f Clj/ 4OTAR y\CP % = . t \ PueL\C / j _ . . < /o 3 0 ···678 / "1111. l: OF \v ) ss: "111111111111\\\\'i ) Notary Public for the State of Idaho Residing at tVlO 5 +J ID ',?'3g'Lf 3 My commission expires ' . 1 o I to2.:2 1 ) ENCROACHMENT AGREEMENT- CITY AND UNIVERSITY OF IDAHO PAGE 3 0F4 ---PAGE BREAK--- llllOeCOW, IDAHO KAl.&=.1•: :Ga' ica&TIE: ae.. s, .Ot? DU>Y,. B'I': ;rt1n::>. 111'1': EXHIBIT EXHIBIT ENCROACHMENT AGREEMENT-CITY AND UNIVERSITY OF IDAHO PAGE 4 0F4