Encroachment Permit

The undersigned, on behalf of the Town of Hot Springs (hereafter, “Town”), a municipality of the State of Montana, does herby grant to _____________________ (hereafter, “Permittee”), an encroachment Permit for certain improvements upon the right-of-way, easement, roadway, or other Town property described as:

_______________________________________________________________________________________________________________________________________________________________________________________________________________________.

This Permit is granted with reservation and under the promises made in consideration therefore by the Permittee for itself, its successors, and its assigns.

The Town grants this Permit subject to its right to terminate said Permit at any time upon thirty (30) day notice on the Town Council’s action and showing just cause. Permittee, its successors, or its assigns, with such time limit, shall remove such improvement, obstruction, or property as described above and, if not so removed within the thirty day time period, the Town shall have the right to remove said improvement, obstruction, or property and hold the Permittee fully responsible for all costs incurred thereby.

The Town may require the property owner to include the Town of Hot Springs as an “additional insured party” on the current liability insurance policy in case of injury to any Town employees or damage to Town property due to the encroachment.

The Permittee, furthermore, agrees that it will not hold the Town liable in any way for damage or destruction to said encroachment during the term of this Permit.

Permittee shall, furthermore, agree to save and hold harmless the Town of Hot Springs for any personal or property damage sustained by the Town or any third persons as a result of the placement or maintenance of the encroachment.

Permittee further agrees that, in the event the Town is required to initiate legal action to enforce the terms of this Permit, the Permittee, its successors, or its assigns shall pay all costs and attorney’s fees incurred by the Town.

DATED this __________ day of _____________, 20____.

TOWN OF HOT SPRINGS ATTEST:

_____________________________ ___________________________

(Mayor) (Clerk)

AGREED AND ACCEPTED:

___________________________

(Permittee)