Parking Agreement - 2005 - 93 S Eagle Rd - 3/21/2005
ORIGINAL
Recording Requested By and
When Recorded Return to:
Eagle City Clerk
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 03121/05 01:55 PM
DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111
RECORDED-REQUEST OF 105033678
Eagle City
For Recording Purposes Do
Not Write Above This Line
PARKING AGREEMENT FOR 93 S. EAGLE ROAD
This Parking Agreement, made and entered into on the date indicated herein by
and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"),
by and through its Mayor, and Jeremiah Properties, Inc., 93 S. Eagle Road, Eagle, Idaho
83616 ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 93
S. Eagle Road, Eagle, Idaho ("Property") as shown on Exhibit A; and
WHEREAS, the intent of this Parking Agreement is to formalize that the Property meets
the terms of Eagle City Code 8-4-4-5 Parking In-Lieu Payments provisions and its
subsequent amendments.
WHEREAS, the approved use of the Property (restaurant/office/dance facility)
necessitates twenty four (24) parking spaces. The Owner is providing seventeen (17) on-
site parking spaces. The parking in-lieu payment provided for herein is compensatory for
the remaining seven (7) required parking spaces.
ARTICLE I
CONDITIONS
1.1
Owner hereby agrees to provide the City with $39,900.00 as parking in-lieu
payment for seven (7) parking spaces within sixty (60) days from the date of this
agreement, which payment shall fulfill all parking requirements for the Property
as long as the Property is utilized as a restaurant/office/dance facility.
1.2
If any change in the use of the Property occurs which results in the need for more
than twenty four (24) parking spaces, per the Eagle City Code in effect at the time
of the change, Owner shall provide additional spaces or otherwise meet the
requirements of the Eagle City Code parking ordinance in place at the time of the
change of use.
PARKING AGREEMENT - PAGE 1 OF 5
1.3
1.4
2.1
2.2
3.1
Eagle agrees to use the $39,900.00 to construct parking spaces pursuant to Eagle
City Code Section 8-4-4-5.
In the event the Owner provides the seven (7) additional required parking spaces
in accordance with Eagle City Code Section 8-4 and notifies Eagle of intent to
construct the parking spaces BEFORE the City expends the $39,900.00 towards
said spaces, then Eagle will reimburse the $39,900.00 to the Owner upon Owner's
completion of construction of the parking spaces.
ARTICLE II
DEFAULT
In the event that the Owner or City fail to comply with the conditions set forth
herein, within thirty (30) days of written notice of such failure from the non-
defaulting party, the non-defaulting party shall have the right, without prejudice to
any other rights or remedies, to cure such default or enjoin such violation and
otherwise enforce the conditions contained in this Parking Agreement.
If required to proceed in a court of law or equity to enforce any provision of this
Parking Agreement, the prevailing party shall be entitled to recover all direct out-
of-pocket costs so incurred to cure or enjoin such default and to enforce the
conditions contained in this Parking Agreement, including attorneys' fees and
court costs.
ARTICLE III
ASSIGNMENT AND TRANSFER
After its execution, the Parking Agreement shall be recorded in the office of the
County Recorder at the expense of the Owner. Each condition herein shall be a
benefit and a burden on the Property and shall run with the land. This Parking
Agreement shall be binding on the Owner and the City and their respecti ve heirs,
administrators, executors, agents, legal representatives, successors, and assigns.
Any new owners of the Property or any portion thereof (including, without
limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be liable for all conditions stated within this Agreement with
respect to the Property or portion thereof.
ARTICLE IV
GENERAL MA TIERS
4.1
Amendments. Any alteration, change, or termination of this Parking Agreement
shall be made only after written approval by Owner and the City of Eagle.
4.2
Paragraph Headings. This Parking Agreement shall be construed according to its
fair meaning and as if prepared by both parties hereto. Titles and captions are for
PARKING AGREEMENT - PAGE 2 OF 5
convenience only and shall not constitute a portion of this Parking Agreement.
As used in this Parking Agreement, masculine, feminine or neuter gender and the
singular or plural number shall each be deemed to include the others wherever
and whenever the context so dictates.
4.3
Choice of Law. This Parking Agreement shall be construed in accordance with
the laws of the State of Idaho in effect at the time of the execution of this Parking
Agreement. Any action brought in connection with this Parking Agreement shall
be brought in the Fourth Judicial District in Ada County, Idaho.
4.4
Notices. Any notice which a party may desire to give to another party must be in
writing and may be given by personal delivery, by mailing the same by registered
or certified mail, return receipt requested postage prepaid, or by Federal Express
or other reputable delivery service, to the party to whom the notice is directed at
the address of such party set forth below;
Eagle:
Eagle City Clerk
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
Owner:
Jeremiah Properties, Inc.
93 S. Eagle Road
Eagle, Idaho 83616
or such other address and to such other persons as the parties may hereafter designate in
writing. Any such notice shall be deemed given upon receipt if by personal delivery,
forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to
the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight
delivery service.
4.5
Effective Date. This Parking Agreement shall be effective after delivery to each
of the parties hereto of a fully executed copy of this Parking Agreement.
IN WITNESS WHEREOF, the parties have executed this Parking Agreement.
DATED this L day of It1f'11..¿#
,2005.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the
St e of Idaho
PARKING AGREEMENT - PAGE 3 OF 5
ATTEST:
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DATEDthis-.!:Ldayof f\'\ArC' _~:2005. L ~w\
Mark Priddy, President, Jeremiah Properties, Inc.
STATE OF IDAHO)
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County of Ada
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On this ~ day of 1.J.A rc..~ ,2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared NANCY C. MERRILL, known
or identified to me to be the Mayor of the City of Eagle and the person who executed the
foregoing instrument on behalf of said City and acknowledged to me that said City
executed the same.
STATE OF IDAHO)
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County of Ada )
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On this ~ day of mAr-c.h ,2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared MARK PRIDDY, PRESIDENT,
JEREMIAH PROPERTIES, INC., known or identified to me to be the Owner of the
properties referenced herein and the person who executed the foregoing instrument.
PARKING AGREEMENT - PAGE 4 OF 5
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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NOTARY PUBLIC FOR IDAHO
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My Commission Expires: \0 - ')S- 1 ()
PARKING AGREEMENT - PAGE 5 OF 5