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5?6612 AT THE REQUEST OF tc1rv 11t::mar1111t. C ~DATE & HOUR .J I /Nu 2 2 COVENANT AND AGREEMENT BETWEEN t)..if~Ri~~~~~F.sTBREJ1i CITY OF MOSCOW, IDAHO AND LAFAYETTE HOLDINGS, Ll..C-ZsY:~ TO HOLD PROPERTY AS ONE PARCEL - (LOT TIE AGREEMENT) THIS COVENANT AND AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND LAFAYETTE HOLDINGS, LLC TO HOLD PROPERTY AS ONE PARCEL (hereinafter "Lot Tie Agreement") is entered into the ~ day of:::ra.nu..a ~ , 2016 by and between the City of Moscow, Idaho, a municipal Corporation of the Stat f Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Lafayette Holdings, LLC, owner of property located at 409 and 413 South Almon Street, Moscow, Idaho, 83843 (hereinafter "DECLARANT"); WITNESSETH: WHEREAS, the undersigned (the "DECLARANT") hereby certifies that it owns the real property known as Lots 17, 18, and the adjacent sixty feet (60') of vacated 4th Street right-of-way, 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 17, 18, and the adjacent sixty feet (60') of vacated 4th Street right-of-way, 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: 409 South Almon Street and 413 South Almon 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 ofDECLARANT and the approval of CITY, based on a determination by the Zoning Administrator of CITY that LOT TIE AGREEMENT - CITY AND LAFAYETTE HOLDINGS, LLC PAGE 1 OF " Z.Ollo-D02 ---PAGE BREAK--- 5?661 2 the Lot Tie Agreement is no longer required, which finding shall not be umeasonably 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 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 tbi 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 hall be recorded in the Latah County Recorder's Office. 9. This Lot Tie Agreement shalJ be interpreted, construed, and enforced in accordance with the laws of the State of Idaho. CITY City of Moscow, Idaho Bill Lambert, Mayor ATTEST: Adam Saeks ity Cler L oT Tm AGREEMENT- CrTY AND LAFAYETTE HOLDINGS, LLC PAGE20F4o ---PAGE BREAK--- 5?661 2 ACKNOWLEDGMENT tduo.k> STA TE OF-ffiAHO 'IL."f • ) ~ )ss. COUNTY OF -bA'f:Aif""\'· ) On this day of , 2016, before me, a Notary Public in and for said State, appeared Cnn.ci , known to me to be the person named above and acknowledged that he executed the foregoing docwnent as the duly authorized representative for Lafayette Holdings, LLC. KRISTEN TEEL Notary Public State of Colorado STA TB OF IDAHO ) ) ss_ COUNTY OF LATAH ) Notary Public for the State ofldaho 9~ . ilities, induding costs aid atorney's fees, which may a-ise from, or in connEdion with, the bre:dl a"'IJ/or terms of this Lat Tie Agreement, induding, but not limited to, licbility a-isng from any violaionsof laNsor regulaions. 8. This Lot Tie Agreer r ient sha I be rf:XX>rdoo in the Lactl County Recorder's Office. 9. This Lot Tie Agreement shal be interpretoo, construe:J, crd eiforoed in ea:orda'lce with the la.vs of the Stae of ldm. DECLARANT Lafayette Holdings, LLC La'!reSmith LOT TrEAGREEMENT- QTY AND LAFAYEITE Ha.DINGS, LLC CITY City of Mosoow, Bill Lanbert, Mayor ATTEST: LaJrieM. Hopkins, City Oerk 5'?6612 ---PAGE BREAK--- Co\o\1!td6 ACKNOWLEDGMENT STATEOF~O ) ~ ss. COUNTY OF J..AfA11 ) On thiss+h day of~O~ . 2016, before me, a Nota-y F\Jblic in Clld for said State, ~ed AJ.ahQ s_ - . kllONn to me to be the pe'&>n ncmed mve cn:I cr::knowledged tha he ececuted the foregoing document as the duly a.ithorized representaive for Lafayette Holdings, LLC. 5?6612 KAREN HAMMER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144040521 ora.d.o _ ~ z_o MY COMMISSION EXPIRES OCTOBER 17, 2111 ' ACKNOWLEDGMENT ST A TE OF IDAHO ) ) SS. COUNTY OF LATAH ) On this daf of 2016, before me, a Nota-y F\Jblic in aid for said Stcte, ~Ed kno.Yn to me to be the person naned above axJ a::knowl a:fga:f thct he ec~Ed the foregoing document as the duly a.ithorized represent.aive for Lafayette Haldi ngs, L LC. Notay R.lbl ic for the Stcte of tdn> Col o rn.d~ Residing ct Bxikk r ~ My commis9on ecpirescKdoho- CT. Z. ol ~ • LOT TIE AGREEMENr - CITY ANO LAFAYETTE HQDINGS, LLC ---PAGE BREAK--- Exhibit A Lot Tie Agreement for 409 and 413 S. Almon Street between the City of Moscow and Lafayette Holdings, LLC. D Subject Property N 60 1' ~ 0 30