Full Text
COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL (LOT TIE AGREEMENT) NO 5 7 6 3 4 5 AT THE REQUEST OF e1ryl£.Pt&t.f THIS COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL (hereinafter "Lot Tie Agreement") is entered into the _j_J_ day o(DeC!f? Vl\...l)QC , 2015 by and between the City of Moscow, Idaho, a municipal Corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and University City Holdings 2, LLC, owner of property located at 318 and 322 South Asbury Street, Moscow, Idaho, 83843 (hereinafter "DECLARANT"); WITNESSETH: WHEREAS, the undersigned (the "DECLARANT") hereby certifies that it owns the real property known as Lots 25, 26, 27, 28, and 29, Block 4, Misses Lieuallen's Addition located in the City of Moscow, State ofldaho, and as shown on the attached EXHIBIT WHEREAS, this property, known as Lot 25, 26, 27, 28, and 29, Block 4, Misses Lieuallen's Addition located in the City of Moscow, State of Idaho, is located at and is known by the following ADDRESSES: 318 South Asbury Street and 322 South Asbury Street, Moscow, Idaho, 83843; WHEREAS, both lots collectively referred to as "the Property"; and WHEREAS, the DECLARANT wishes to enter into this Lot Tie Agreement for the purpose of creating a single building site. NOW, THEREFORE, DECLARANT hereby covenants the following: 1. DECLARANT agrees that the Property shall be held as one parcel and no lot or any portion of the Property shall be sold separately. 2. This Lot Tie Agreement is executed for the purpose of creating a single building site. 3. This Lot Tie Agreement and the covenants contained herein shall run with the land for all of the Property, including both lots, and shall be binding upon DECLARANT's, future owners, their successors, heirs or assignees, or any encumbrances. All terms, covenants, conditions, restrictions, and agreements contained herein are made for the direct, mutual and reciprocal benefit of the Property as a whole and are intended to be equitable servitudes and burdens on the Property. 4. This Lot Tie Agreement may be terminated upon the written request of DECLARANT and the approval of CITY, based on a determination by the Zoning Administrator of CITY that the Lot Tie Agreement is no longer required, which finding shall not be unreasonably withheld. In connection with the determination that the Lot Tie Agreement LOT TIE AGREEMENT - CITY AND UNIVERSITY CITY HOLDINGS 2, LLC PAGE l OF 3 ½15 - I la4- ---PAGE BREAK--- 576345 is no longer required, the Zoning Administrator of CITY may require the removal or relocation of improvements on the Property to ensure compliance with the applicable zoning code, ordinances and regulations of CITY or other laws. 5. DECLARANT understands and agrees to any and all limitations this Agreement imposes on the use and development of the Property. DECLARANT also asserts it is the DECLARANT's wish to enter into this Agreement, and enters into this Agreement freely and without any undue influence from any party to this Agreement. 6. No termination, amendment or other modification of any provision of this Lot Tie Agreement shall be effective unless set forth in writing and executed by DECLARANT and approved by CITY pursuant to Section 4 above. 7. The DECLARANT and its successors and assigns covenant and agree to forever release, waive, indemnify, defend and hold harmless CITY and all CITY officials, employees and agents from any and all claims, demands, losses, injuries, costs or other liabilities, including costs and attorney's fees, which may arise from, or in connection with, the performance, breach and/or terms of this Lot Tie Agreement, including but not limited to liability arising from any violations of laws or regulations. 8. This Lot Tie Agreement shall be recorded in the Latah County Recorder's Office. 9. This Lot Tie Agreement shall be interpreted, construed, and enforced in accordance with the laws of the State ofldaho. CITY DECLARANT CITY OF MOSCOW, IDAHO University City Holdings 2, LLC LOT TIE AGREEMENT - CITY AND UNIVERSITY CITY HOLDINGS 2, LLC PAGE 20F3 ---PAGE BREAK--- ST ATE OF IDAHO ) ) SS. COUNTY OF LATAH ) 576345 ACKNOWLEDGMENT On this 11 da:y of "°MQQV1'\..b.Q.X , 2014, before me, a Notary Public in and for said State, appeared 1h.1)l( (fu'-\Q.'f¹l.O , known to me to be the person named above and acknowledged that he/she executed the foregoing document as the duly authorized representative for fSi8 Q:\7 \-\o\c)j''eJS _ Ì A L€ 11111. »h.\¼ : Î/ ¶ Í •.ÐÑ " . TA Ï µ f\\O RI'\ = . : = U \ PueL\c / I Ô . . Ó Ë . · · cs . "/11,1 E OF \v , ' Notary Public for the Stat of Idaho Residing at 'fJ1(J500V.. My commission expi res 1tA.18 G 1 JDJ.-.1 LOT TIE AGREEMENT - CITY AND UNIVERSITY CITY HOLDINGS 2, LLC PAGE3 OF3 ---PAGE BREAK--- 0 Exhibit A Lot Tie Agreement for 318 and 322 S. Asbury Street between the City of Moscow and University City Holdings 2, LLC. D Subject Property 40 ---PAGE BREAK--- 576345 576047 AT THE REQUEST OF QUITCLAIM DEED FOR VALUE RECEIVED, Qld1.ve I I 1va.'\I\.. hereby convey, release, remise and forever quitclaim unto l/JJ111ew6 crz; UR y, -S HENRIANNE K. wE'Sfuef:lG LAJ1´f OU5 FEES.&:.__e · • 1 Grantor, does l 1 1 L- L / _ whose address is described premises, t -wit: l,.e v IJe³ 's .AJd Together with the appurtenances. This deed is intended to convey to the Grantee all right, title, and interest of the Grantor in and to said property, now owned or hereafter acquired. Date 'kc I , 20 1.5"' STATE OF IDAHO County of k L, ) ) SS. ) On this / day of Jt, , 20/r: before me, the undersigned,,uiii,, Notary j>u_ blic in arn;I for said state, personally appeared 1111 Wtli...-i ti , known to me to be the person whosØ .18 91!1± Ùto the within instrument, and acknowledged to me that s/he executed L the se111 Á - I ÄOTA \ - ² = : • r..a : = . : S cl'\.