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OCCUPANCY AGREEMENT c>)a 64::- This kgreement made and entered into th day of , 1991, by and between the cmty of Moscow, a Municipal Corporation, hereinafter referred to as the 'CITY' and Craig and Dorothy MacPhee, husband and wife, hereinafter referred to as 'OWNERS'. WITNESSETH: WHEREAS, the OWNERS own real property located in Moscow, Latah County, Idaho more fully described as follows: Lot 11 of Block 4 of McGregor's Addition to the City of Moscow; and WHEREAS, the OWNERS have built a four plex housing structure on said property under and pursuant to the 'CITY'S building permit number 7444; and WHEREAS, said four plex is ready for occupancy with the exception that the OWNERS have not complet:ed off-street parning pursuant to Title 4, Chapter 6, Section 5 of the Moscow city Code; and WHEREAS, the OWNERS have requested additional time to comply with the above code section; and WHEREAS, the CITY may issue a certificate of occupancy upon receipt of appropriate financial commitment insuring the completion of all required improvements within a reasonable period of time;. NOW THEREFORE, the OWNERS and the CITY, in consideration of the mutual promises contained herein, agree as follows: I. The OWNERS agree to deposit with the CITY the sum of $2,600.00 (or such portion thereof as is necessary to secure the uncompleted work) as security to insure the completion of all requirement improvements. ---PAGE BREAK--- II. The CITY will issue a certificate of occupancy, with the condition that off-street parking improvements be complete to City standards prior to July 1, 1992. III. The CITY shall have the right to complete said improvements and utilize the security provided by the OWNERS without notice and without consent if the OWNERS have not completed said improvement by July 1, 1992. IV. This agreement shall be binding upon all assignees, heirs, or other parties in interest. v. Should it be necessary to enforce this agreement through court action, the OWNERS hereby agree to pay the CITY the reasonable costs, expenses and attorney fees incurred in said action. In witnesseth thereof, the above named parties have executed this agreement the day first signed above. OWNERS: CITY OF MOSCOW; ATTEST: ---PAGE BREAK--- STATE OF ) County o ss on this71 o9 before me a Notary Public in and for said State, appeared Craig and Dorothy MacPhee, known to me to be the persons named above and acknowledged to me that they executed the foregoing agreement. STATE OF ) ) ss County of ) On this day of , 19_, before me a Notary Public in and for said state, appeared Paul c. Agidius and Elaine Russell, known to me to be the Mayor and city Clerk of the City of Moscow and acknowledged to me that they executed the foregoing agreement. Notary Publ1c 1n and for State of ---PAGE BREAK--- ITEM 1. Paving 2. Bumper blocks 3. Paint striping 4. Landscaping PARKING LOT ESTIMATE MacPHEE HOUSING PROJECT QUANTITY & UNIT 40 ton 6 each lump sum lump sum UNIT PRICE 55.00 25.00 TOTAL PRICE 150 100 150 $2,600