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OFF-STREET PARKING AGREEMENT BETWEEN OWNER OF 409 AND 413 SOUTH ALMON STREET, AND CITY OF MOSCOW, IDAHO THIS AGREEMENT FOR USE OF TWO OFF-STREET PARKING SPACES BETWEEN CITY OF MOSCOW, IDAHO, AND OWNER OF 409 AND 413 SOUTH ALMON STREET (herein "Agreement:") entered into the ë§;fiiday of apl-env , 2014 by and between the City of Moscow, Idaho, a Municipal Corporation of Idaho, (hereinafter "CITY") and Owner of 409 and 413 South Almon Street, Moscow, Idaho, 83843 (hereinafter "OWNER"); W I T NE S SE T H: WHEREAS, OWNER wishes to construct a two-family dwelling on the rear portion of 409 South Almon Street and satisfy two of the required four off-street parking spaces on the OWNER'S adjacent property located at 413 South Almon Street; 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, OWNER desires to create a perpetual off-street parking easement on 413 S Almon Street to reserve two off-street parking spaces to satisfy CITY off-street parking requirements of the two-family dwelling being constructed on 409 S Almon Street. WHEREAS, 409 and 413 S Almon Street are under the common ownership and control of OWNER; and WHìREAS, OWNER cannot create an easement over OWNER'S land since the easement attempts to convey a right that OWNER already has, which would be invalid; and WHEREAS, CITY desires to ensure compliance with CITY off-street parking requirements in perpetuity; and WHEREAS, CITY desires to ensure that if 409 South Almon Street or 413 South Almon Street are sold in the future, that an off-street parking easement will be recorded on 413 South Almon Street for the benefit of 409 South Almon Street; and WHEREAS, OWNER enters into this Off-Street Parking Agreement of their own free will and accord, without coercion and without inducement and at OWNER'S request; and WHEREAS, OWNER has read this Agreement, has understood it, and has had the opportunity to avail itself of legal and other counsel prior to entering into this Agreement and prior to signing it; and WHEREAS, OWNER is the owner of the property identified and described on the herein attached EXHIBIT (hereinafter "Property"). OFF-STREET PARKING AGREEMENT -409 & 413 S ALMON STREET PAGE I OF4 ---PAGE BREAK--- NOW, THEREFORE, CITY, and OWNER hereby agree as follows: 1. OWNER hereby agrees to maintain two reserved off-street parking spaces located on 413 South Almon Street for the exclusive use of the occupants of the duplex being constructed upon 409 South Almon Street, as shown on the attached Exhibit 2. OWNER hereby agrees that should either of these properties be conveyed under separate 1)wnership, that OWNER shall record a perpetual off-street parking easement with Latah County for two off-street parking spaces on 413 South Almon Street, for the exclusive use of the occupants of the duplex being constructed upon 409 South Almon Street. 3. Said easement shall not be extinguished without prior written consent from the CITY. 4. For the purpose of this Agreement, the addresses of the parties shall be as follows: OWNER Lafayette Holdings LLC 120 Line Street Moscow, Idaho 83843 5. FAILURE TO COMPLY: CITY City of Moscow P 0 Box 9203 206 East Third Street Moscow, Idaho 83843 OWNER agrees to pay all expenses incurred by CITY in enforcing this Agreement. 6. BINDIN G ON HEIRS, ASSIGNS AND PURCHASERS: This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of the property described herein. 7. MODIFICATION: OWNER and CITY agree that the provisions of this Agreement may be modified only upon ·vritten request of CITY or OWNERS 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 LAND: This 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. VENUE AND ATTORNEY FEES: The parties agree that should any provision of this Agreement be litigated in the future, venue for such litigation shall be with the District Court of the Second Judicial District of the State ofldaho in and for the County of Latah. OFF-STREET PARKING AGREEMENT-409 & 413 SALMON STREET PAGE 2 OF 4 ---PAGE BREAK--- 10. UNDERSTANDING: OWNER has read and understands this Agreement and the contents thereof and has had the opportunity to avail himself of legal and of other counsel before entering into this Agreement and before signing it, and hereby enters into it voluntarily, willingly, and without inducement. IN WITNESS WHEREOF, OWNER, by and through its representative, and CITY, 9Y and through its Mayor and City Clerk, have caused this Agreement to be executed on the- - ay of pkVV\.- '2014. APPROVED: CITY: Roderick Hall, City Attorney Bill Lambert, Mayor I certify under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct. OWNER: # Lstered agent Lafayette Holdings LLC OFF-STREET PARKING AGREEMENT-409 & 413 SALMON STREET PAGE30F4 ---PAGE BREAK--- 0 § T U z 0 > " m # $ -l I 0 CZl > r 0 z CZl R S Exhibit A 409 & 413 SAimon Street Development Agreement Legend D Subject Properties L Off-Street Parking Spaces N 0 20 40 Feet A ---PAGE BREAK--- State of Idaho ) SS County of Latah ) On this }5"ay of S"f , in the year 2014, before me Leora L. Frei a notary public, personally appeared lfidtaGJ M.uholz.. personally known to me to be the person whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he(she, they) executed the same. otaryPubhc My Commission Expires on September 7, 2017.