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571905 NO_ AT'Ttn:<ʓʔʕ AT THE REQUEST OF COVENANT AND ACatEEMENT TO HOLD PROPl•:RJ'Y AS ONE PARCEL (LOT TIE AGREEMENT) THIS COVENANT AND AGREEMENT TO HOLD PROPE>TY AS ONE PARCEL (hereinafter Lot Tie Agreement") is entered into the day of f'"!Pn· { , 2015 by and between the City of Moscow, Idaho, a municipal Corpordtion of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and John Ficca. owner of property Jocated at 404, 416, and 418 North Jefferson Street, Moscow, Idaho, 83843 (hereinafter DECLARANT"); WITNESSETH: WHEREAS, the undersigned (the "DECLARANT') hereby certifies that it owns the real property knoYm as the western ninety (90) feet of Lots 1, 2, 3, and Lots 4 and 5, Block 3k Moore Replat Addition located in the City of Moscow, State of Idaho, and as shoi on the attached EXHIBIT and WHEREAS, this property, .knovm as the western ninety (90) feet of Lots 1, 2, 3, and Lots 4 and 5, Block 3, Moore Rcplat Addition located in the City of Moscow, State of Idaho. is located at and is known by the following ADDRESSES: 404 North Jefferson Street Moscow. Idaho, 83843; 416 North Jefferson Street Moscow, Idaho, 83843; and 418 North Jefferson Street Moscow, Idaho, 83843. WHEREAS, all three 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 shaJI be held as one parcel and no lot nor 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 all three lots, and shalJ 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 LOT TrE AGREEMENT- OTY A ND Jo1m FICCA PAGE I Of 4 201[)--20 ---PAGE BREAK--- 5?1905 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 is no longer required, the Zoning Administrator of CITY may require the removal or relocation of improvements on the Property lo 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 shal1 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 bold harmless CITY and all CITY officials. employees and agents from any and all daims, demands, losses, injuries, costs or other Jiabilities, 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 of Idaho. CITY IJECLARANT CITY OF MOSCOW, IDAHO fu Bill Lambert, Mayor LOT DE AGREEMENT • CITY AND JOHN f[C.CA PAGE 2 Of' 4 ---PAGE BREAK--- A Q.1"2.c.J" STATEOFIQl"W.O ) p,f\< )ss. COUNTY OF L ) 571905 ACKNOWLEDGMENT On 1his day of \ , ʖbefore me, a Notary Public in and or said St.ate appeared -3oH.J h¡ , known to me to be the person named above and acknowledged that he executed the foregoing docwnent as the duly authorized owner and representative for the Property. LOT TCE AGRF.FMENT • CITY ANO JOHN l'ICCA Residing at 9 ʒ My commission expires \ / lie I PAGE3 OF4 ---PAGE BREAK--- ' Exhibit A Lot Tie Agreement for 404, 416, and 418 North Jefferson Street between the City of Moscow and John Ficca D Subject Property N 80 Feet ; 0 40