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P.O. Box 9203 83843-1703 August 26, I 994 Hand Delivered Mr. Noel Bhun 2308 Wallen Road Moscow, Idaho 83843 Dear Noel: ) Re: Development in Lots 4 and 4, Block 4, Lathen's Subdivision in the City of Moscow Phone [PHONE REDACTED] Fax You have requested that an occupancy permit be issued for the northernmost 12 unit apartment building in the above-referenced development. As you know, the Moscow City zoning code requires that an buffer be installed in the area of your development, as well as landscaping at the perimeter of the parking area. Your request is that an occupancy permit be issued for the northernmost apartment building prior to the final construction of the buffer and the completion of landscaping around the parking area. Although the City is not bound to allow occupancy of the building until the above referenced improvements are completed, I have reviewed the situation and am willing to allow a conditional occupancy permit to be issued for the northernmost 12 unit apartment building at this time under the following conditions: 1. That you complete construction of the buffer and landscaping around the parking area as required by the Moscow City Zoning Ordinance prior to October I, I 994, and that such improvements arc inspected and approved by the building inspectors prior to that date; and 2. That you deposit $5,000.00 cash or other secure funds with the City of Moscow as security for these improvements. This deposit shall be returned to you, without interest, upon construction and acceptance of these improvements prior to October 1, 1994. If such improvements are not completed and accepted prior to that date, this security shall be forfeited to the City, without recourse by you. The City shall not construct or cause to be constructed such improvements; that shall remain your responsibility; and 3. That you inform the tenants of the building that the occupancy permit issued is conditional. If the improvements are not completed and accepted by October 1, 1994, the permit shall be revoked, and the tenants must immediately evacuate the premises. Again, you agree that this action may be taken without recourse by you; and 94-58 ---PAGE BREAK--- Noel Blum August 26, 1994 Page 2 ) 4. You agree that the City is under no obligation to issue the conditional occupancy permit at this time, and you accept all of the conditions included in this letter in accepting the conditional occupancy permit. Further, you agree that you will hold the City harmless and indemnifY the City against all liabilities, including, but not limited to, recourse by you or any tenants for the exercise of the City's rights pursuant to the terms of this letter. If you agree to the terms and conditions included in this letter, and desire the issuance of the conditional occupancy permit subject to such terms and conditions, please sign below. If you do not agree to be bound by such terms and conditions, do not sign. In that event, an occupancy permit will be issued when the improvements required by the City of Moscow Zoning Ordinance are completed and accepted by the City. Sincerely, Dale Pcmula Community Development Director I agree to the issuance of the conditional occupancy permit by the City of Moscow subject to the terms and conditions set out in the forgoing letter. State of Idaho ) ) ss. County of Latah ) ACKNOWLEDGMENT On this day personally appeared before me Noel Blum, known to me to be the person described in the foregoing instrument and acknowledged that he executed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal thisolw day of , 1994. Notary Public in and for the Sta e of _ Residing at 7-?7 My Commission Expires