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OFF-STREET PARKING AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO, 1122 KING LLC AND 1126 KING LLC HENHIANNE K. WESTBG. G LATAHCOUN FEE• d BY, / THIS OFF-STREET PARKING AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO, AND 1122 KING LLC, AND 1126 KING LLC (hereinafter "Agreement"), dated this * day of May, 2016, 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 1122 King LLC (owner of property located at 1122 King Road, hereinafter "1122 Owner") and 1126 King LLC (owner of property located at 1126 King Road, hereinafter "1126 Owner"); W I T N E S S E T H: WHEREAS, 1126 Owner wishes to convert the existing garage located on the parcel addressed as 1126 King Road into a bedroom, resulting in the need to provide an off-street parking space that meets Zoning Code requirements for a covered parking space (pursuant to Title 4, Chapter 6- 5(A)7); with insufficient space on the parcel addressed as 1126 King Road, 1126 Owner wishes to establish the required off-street parking space located so that it could be covered in the future on the adjacent property located at 1122 King Road , as shown on the attached site plan, Exhibit and WHEREAS, City Zoning Code allows off-street parking facilities for single-family and two family dwellings to be located on the same lot or a lot adjacent to the use to be served; and WHEREAS, 1126 Owner desires to create a permanent off-street parking easement at 1122 King Road to reserve one off-street parking space to satisfy City's off-street parking requirements for the single-family dwelling undergoing the garage conversion to a bedroom at 1126 King Road; and WHEREAS, ownership of 1122 King Road and 1126 King Road is under separate LLC the authorized representative for the two separate LLC's is the same individual; WHEREAS, the authorized representative of 1122 King LLC and 1126 King LLC, being the same individual, cannot create an easement over one of the parcels, since the easement attempts to convey a right that the authorized LLC representative already has, which would be invalid; and WHEREAS, City desires to ensure compliance with City's off-street parking requirement in perpetuity; and WHEREAS, City desires to ensure that if 1122 King Road or 1126 King Road are sold in the future, a permanent off-street parking easement will be recorded on 1122 King Road for the benefit of 1126 King Road; and OFF-STREET PARKING AGREEMENT - 1122 AND 1126 KING ROAD PAGE I OF 6 ;2.0l lo-DCo ---PAGE BREAK--- 578845 WHEREAS, 1122 Owner and 1126 Owner enters into this Off-Street Parking Agreement of each Owner's own free will and accord, without coercion and without inducement, and at each Owner's request; and · WHEREAS, 1122 Owner is the owner of the property identified as 1122 King Road and 1126 Owner is the owner of the property identified as 1126 King Road, as shown on the attached Exhibit NOW, THEREFORE, City and Owner hereby agree as follows: 1. 1122 Owner hereby agrees to reserve one off-street parking space located at 1122 King Road, for the exclusive use of the occupants of the single-family dwelling located at 1126 King Road, as shown on Exhibit 2. 1126 Owner and 1122 Owner both hereby agree that should either of these properties be conveyed under separate ownership, 1126 Owner shall record a permanent off-street parking easement with Latah County for one off-street parking space at 1122 King Road for the exclusive use of the occupants of the single-family dwelling located at 1126 King Road. 3. Said easement shall not be extinguished without prior written consent from City and 1126 Owner. 4. For the purpose of this Agreement, the addresses of the parties shall be as follows: 1122 OWNER 1122 King LLC Attn: Dan Estey 753 Sugarloaf Road Boulder, CO 80302 CITY City of Moscow 206 East Third Street P 0 Box 9203 Moscow, ID 83843 5. FAIL URE TO COMPLY. 1126 OWNER 1126 King LLC Attn: Dan Estey 753 Sugarloaf Road Boulder, CO 80302 1126 Owner agrees to pay all expenses incurred by City in enforcing this Agreement. 6. BINDING ON HEIRS, ASSIGNS, AND PURCHASERS. This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of either the 1122 King Road or 1126 King Road property described herein. 7. MODIFICATION. OFF-STREET PARKING AGREEMENT - 1122 AND 1126 KING ROAD PAGE20F6 ---PAGE BREAK--- City, 1126 Owner and 1122 Owner agree that the provisions of this Agreement may be modified only upon written request of City or either Owner, accompanied by a complete set of development plans, and acceptance of such modification by the City Council, or by a subsequent development agreement between the parties. 8. COVENANTS TO RUN WITH THE LAND. The Agreement shall run with the land affected hereby, as shall all covenants contained herein, and shall be to the benefit of City, its successors and assigns. This Agreement shall be recorded with the Latah County Recorder. 9. JURISDICTION AND VENUE. It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State ofldaho, in and for the County of Latah. 10. UNDERSTANDING. 1122 Owner and 1126 Owner have read the foregoing Agreement and understand the contents thereof. 1122 Owner and 1126 Owner has had the opportunity to speak with legal counsel prior to signing, and each Owner hereby enters into this Agreement voluntarily, willingly, and without inducement. IN WITN"ESS WHEREOF, 1122 Owner, by and through his representative, 1126 Owner, by and through its representative, and City, by and through the Mayor and City Clerk, have caused this Agreement to be executed on the O>h"' day of May 2016. 1122 OWNER & 1126 OWNER CITY City of Moscow, Idaho epresentative Bill Lambert, Mayor OFF-STREET PARKING AGREEMENT- 1122 AND 1126 KING ROAD PAGE30F6 ---PAGE BREAK--- co1or-o.Jo STATE OF ffiAHe ) I ) SS. COUNTY OF Se>v\L)-e(' ) 578845 ACKNOWLEDGMENT On this 2."3 day of , 2016, before me, a Notary Public in and for said State, appeared Dan Estey, known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative. EMMA HIDALGO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164011818 MY COMMl8810N EXPIAES 03/W2ll Notary Public for th . of» Lo\ov-o..do Residing at 6 o \ ( < My commission ex pi re 0 3 / t. 'iii J Z 0 • • OFF-STREET PARKING AGREEMENT-1122 AND 1126 KING ROAD PAGE40F6 ---PAGE BREAK--- L I I I I I I l I I - 'll J I H J 1 i a I I I I I I I I I I I I I I I I I I I I I EXHIBIT King Rd OFF-STREET PARKING AGREEMENT-1122 AND 1126 KING ROAD 0 c C1l C1l :J 578845 PAGE5 OF6 ---PAGE BREAK--- 0 "U