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MUTUAL AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND RANDY ATWOOD AND MARY JO KNOWLES, RELATING TO PROPERTY ADDRESSED AS 717-719 HARRISON STREET, MOSCOW, IDAHO ORIGINAL THIS MUTUAL AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND RANDY ATWOOD AND MARY JO KNOWLES RELATING TO PROPERTY ADDRESSED AS 717- 719 HARRISON STREET, MOSCOW, IDAHO (hereinafter "Agreement") is entered into this LJ- day of l).e.,,Um. b.e_r, 2014, 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 Randy Atwood and Mary Jo Knowles, jointly and severally (collectively referred to herein as "OWNERS") 486 Harvest Drive, Moscow, Idaho, 83843, being OWNERS of real property subject to this Agreement; 1. PROPERTY AFFECTED: This Agreement concerns property located within the City of Moscow, Idaho, and commonly known as 717-719 Harrison Street (hereinafter "Subject Property"), being more particularly described as a parcel of land 0.238 acres, more or less in size, located in Moscow, Latah County, State of Idaho, and more particularly described as follows: Lot 12 of MacGregor's 2nd Addition Subdivision. 2. FACTS PERTAINING TO AGREEMENT: 2.1. OWNERS are the legal owners and possess legal control of Subject Property. 2.2. OWNERS desire to construct a new and additional two-family dwelling upon Subject Property. 2.3. OWNERS submitted a building permit application and building plans for the construction of said new two-family dwelling upon Subject Property to CITY on August 27, 2014. 2.4. During the building plan review process, CITY notified OWNERS on September 10, 2104, of the obligation under City Code to construct public improvements to include installation of curbing, sidewalk, stormwater collection and one-half width roadway paving along the subject property's Harrison Street frontage prior to the issuance of a building permit for said two-family dwelling. 2.5. OWNERS understood the obligation for said public improvements and requested the issuance of a foundation permit while the development agreement, providing for the issuance of the complete building permit and providing for the acceptance of financial security for the completion of the public improvements, was prepared and presented to the Council for approval. 2.6. CITY issued a foundation only permit at OWNERS' request on October 6, 2014. 2.7. OWNERS understood the obligation for said public improvements and desired to request a waiver of said public improvements from the City Council such request of wavier was presented to Public Works Finance Committee on October 23, 2014. MUTUAL AGREEMENT - 717-719 HARRISON STREET RANDY ATWOOD, MARY Jo KNOWLES, CITY OF Moscow PAGE 1OF5 ---PAGE BREAK--- 2.8. OWNERS appeared at the Council Public Works Finance Committee meeting on October 27, 2014, at which time the Committee decided to forward the matter to the full Council for Consideration with a recommendation to deny the requested waiver. 2.9. CITY posted a stop work order upon the structure on October 29, 2014 and OWNERS were instructed to cease construction activity. 2.10. OWNERS continued with construction in violation of CITY's stop work order and without a valid building permit, including the complete structural framing and sheathing of the subject two-family dwelling. At the November 3, 2014 regular City Council Meeting, the Council considered OWNERS' request for waiver of the required public improvements and denied the waiver request, requiring the construction of curbing, sidewalk, stormwater drainage, and deferring the paving of the one-half roadway with the payment of the value of the paving work and approved a development agreement detailing such requirements and providing for the financial security to be furnished to the City to allow the issuance of a building permit. 2.11. On November 4, 2014, OWNERS met with CITY staff and stated that they did not wish to enter into said development agreement and did not wish to provide said financial security. 2.12. On November 6, 2014, OWNERS and CITY staff met to discuss the violations and the contents of this Agreement. 3. OWNERS' DECLARATION OF AGREEMENT: 3.1. OWNERS hereby understand and agree that the work performed beyond the permitted foundation was completed without the issuance of a required building permit, and was in direct violation of Moscow City Code The Owners admit and acknowledge that such work was performed at OWNERS' sole peril without consent of CITY and without any inducement or assurances from the CITY, its employees or agents, that Owners would be free of prosecution and not subject to a stop work order at any time. 3.2. OWNERS desire to sheath the roof, cover the sheathing with roofing felt, and board up and secure the framed structure to protect it from the elements and prevent said structure from falling into disrepair and becoming an attractive nuisance. 3.3. OWNERS understand that if OWNERS fail to secure a proper building permit by August 1, 2015, that all improvements constructed on Subject Property without a building permit are being constructed with the knowledge of OWNERS that said improvements shall be removed by OWNERS at OWNERS' expense. 3.4. OWNERS desire to be allowed time to determine how to proceed with the project and to rectify the violation by either completing the required public improvements, or by removal of the private improvements that were constructed without a building permit. 3.5. OWNERS hereby understand and agree that by no later than August 1, 2015, OWNERS shall either 1) construct the required public improvements as required by the Council's November 3, 2014 decision, or as such decision may be subsequently modified or amended by the Council and shall obtain a building permit for the subject structure consistent with such decision; or 2) OWNERS shall remove all improvements constructed without a building permit. MUTUALAGREEMENT - 717-719HARRISONSTREET RANDY ATWOOD, MARY Jo KNOWLES, CITY OF Moscow PAGE20F 5 ---PAGE BREAK--- 3.6. OWNERS agree to cease all work on project immediately after making project weather tight until the requirements for building permits are completed or secured. 4. CITYS' DECLARATION OF AGREEMENT: 4.1. CITY hereby understands and agrees to allow OWNERS to sheath the roof, cover the sheathing with roofing felt, and board up and secure the framed structure to protect it from the elements and prevent said structure from becoming an attractive nuisance. 4.2. CITY hereby agrees to stay prosecution and further enforcement action upon OWNERS for construction without a valid permit until August 2, 2015 to allow OWNERS time to construct the required public improvements, or remove all improvements constructed without a building permit. 4.3. CITY, if initiates prosecution proceedings of acknowledged violations, agrees to limit prosecution to FIVE days for violation of the stop work order which was issued for continuation with construction without a valid building permit up to the work needed to make project weather tight. Provided however, in the event that the conditions of this agreement are fulfilled by the OWNERS, the CITY will waive any rights retained herein for prosecution based upon events pre-dating this agreement and based upon the stop work violations. 4.4. CITY will not initiate prosecution it OWNERS construct said project with the public improvements as currently required, construct with public improvement requirements as modified and approved by CITY, or tear down the structure 5. RIGHT TO INSPECT: As further part of this Agreement, it is hereby understood and agreed that any official inspector of CITY or its agents duly authorized, may have the privilege, at any time during normal working hours, of entering and investigating the use of the premises, to determine whether or not the requirements of this Agreement are being complied with. 6. FAILURE TO COMPLY: OWNERS understand and acknowledge that, pursuant to Moscow City Code, each verified violation of City Code use may result in the issuance of a misdemeanor citation pursuant to CITY and Idaho Code. OWNERS agree to pay all expenses incurred by CITY in enforcing this Agreement. 7. BINDING ON HEIRS, ASSIGNS AND PURCHASERS: This Declaration and Restriction of Use shall run with the land affected hereby, as shall all covenants contained herein. This Agreement shall be recorded with the Latah County Recorder. 8. VENUE AND ATTORNEY FEES: The parties agree that should any provision of this Agreement be litigated in the future, venue MUTUAL AGREEMENT - 717-719 HARRISON STREET RANDY ATWOOD, MARY Jo KNOWLES, CITY OF Moscow PAGE3 OF 5 ---PAGE BREAK--- for such litigation shall be with the District Court of the Second Judicial District of the State of Idaho in and for the County of Latah. 9. UNDERSTANDING: OWNERS have read and understood this Agreement and the contents thereof and have had the opportunity to avail themselves of legal and of other counsel before entering into this Agreement and before signing it, and hereby enter into it voluntarily, willingly, and without inducement. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. OWNER(S): City of Moscow, Idaho /ffe< R OWNER(S) s ACKNOWLEDGMENT STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) MUTUALAGREEMENT - 717-719 HARR!SONSTREET RANDY ATWOOD, MARY Jo KNOWLES, CITY OF Moscow PAGE40F5 ---PAGE BREAK--- COUNTY OF LAT AH ) On this zJ{ day of Dr • 2014, before me, a Notary Public in and for said State, appeared Mary Jo Knowles, known to me to be the person named above and acknowledged that she executed the foregoing t as Owner of the aforementioned property. ,,,11111111 \ JOf.t. ' " 0 • A. 1- # Ci) • ·v.:o . . . . - - \ · . v o- · c Q : = -rn / \ :n . :JJ_ 2o· . o 1 " " v " . . . . ' v.A • • • • • ' N ' 0 1111111\\ MUTUAL AGREEMENT - 717-719 lIARRISON STREET RANDY ATWOOD, MARY Jo KNOWLES, CITY OF Moscow tate of Idaho My commission expires ( \ O . I - 4 PAGES OF 5