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5 ? 1. H 0 4 COVENANT AND AGREEMENT A HOl,J • tU' TO HOLD PROPERTY AS ONE PARCEL (LOT TIE AGREEMENT) HENRIANNE K. we§WiRG LATAH.CCU , 7y- THIS COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL (hereinafter 'Lot Tie Agreement") is entered into the 31st day of M a. cc+i , 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 John owner of property located at 446 East Lewis Street, Moscow, Idaho, 83843 (hereinafter "DECLARANT"); WITNESS ETH: WHEREAS; the undersigned (the "DECLARANT") hereby certifies that he owns the real property known as Lot 10, Block 4, Sunnyside Addition (tax parcels RPM1030004010E and RPM1030004010F), including adjacent vacated Harrison Street right-of-way, located in the City of Moscow, State ofldaho, and as shown on the.attached EXHIBIT and WHEREAS, this property, known as Lot 10, Block 4, Sunnyside Addition located in the City of Moscow, State of Idaho, is located at and is known by the following ADDRESS: 446 East Lewis Street, Moscow, Idaho, 83843, and 819 Harrison Street, Moscow, Idaho 83843; and WHEREAS, both lots are 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 requirey, which finding shall not be unreasonably withheld. In connection with the determination that the Lot Tie Agreement is no longer required, the Zoning Administrator of CITY may require the removal or LOT TIE AGREEMENT - CITY AND JOHN PAGE I OF4 ---PAGE BREAK--- 571904 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 fror.J. 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 fu Bill Lambert, Mayor LoT TIE AGREEMENT· CITY AND 101-:.N L \INCH PAGE20F4 ---PAGE BREAK--- STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ACKNOWLEDGMENT On this C(&°'"day State, appeared ftl LoT 1'lE AGREEMENT· CITY AND JOHN 571904 P/\GE30F4 ---PAGE BREAK--- Exhibit A Lot Tie Agreement for 446 East Lewis Street (tax parcels RPM1030004010E and RPM10300004010F) between the City of Moscow and John D Subject Property N 50 A Feet 0 2 5