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OCCUPANCY AGREEMENT * This agreement made and entered into this \ day of , 1991, by and between the City of Moscow, a Mun al Corporation, hereinafter referred to as the 'CITY' and Craig and Dorothy MpPhee, 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 9 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 completed off-street parking 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 $7,380.00 (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 October 1, 1991. 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 October 1, 1991. If climatic conditions occur wherein .10 of an inch of rain falls during a twenty-four hour period causing the parking area to become unusable on said property as determined by the building inspector, then the CITY shall notify and allow the OWNER twenty-four hours to rock said property to the depth of four inches such that it is useable by the tenants for parking. In the event the OWNER fails to cause the parking area to be rocked, the CITY shall have the right to utilize the security provided by the OWNERS to cause the work to be done without further notice or consent from the OWNERS. Nothing contained in this section shall relieve the OWNER of completing the required permanent parking as called for by this agreement. 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. Crag ---PAGE BREAK--- / CITY OF MOSCOW: Paul c. Agidus, Mayor ATTEST: Elane Russen, CitY Clerk STATE OF Cl d Q k county of lnhl ss On this Q(O day of before me a Notary P blic in and for said Sta , appeared craig and Dorothy McPhee, known to me to be e persons named above and . acknowledged to me that they executed the foregong agreement. STATE OF .&ilio County of /cJ:\ ) ) ss ) on this IS day of4]0, 1991, 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. ---PAGE BREAK--- _Lumr . sum .1.00 ton 10 t$n lum& sum 6 eaeh Lump sum 15 feet lum% urn umt Pnce - 13.50 55.00 25.00 12,00 rata!_._. _ Pnce 7, 38.0 . .