Parking Agreement - 2008 - Erland Parking Agrt Iron Eagle Drive - 5/19/2008
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05128108 12:55 PM
~~~~~E~~n~~~U~~~I~~ 1111111111111111111111111111111111111
Cily 01 Eagle 108061854
AMOUNT
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p. 1
6
RECORDING REQUESTED BY aod
WHEN RECORDD RETURN TO:
Eagle City Clerk
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
JOINT COLLECTIVE PARKING AGREEMENT
This JOINT COLLECTIVE ARKING AGREE1v1ENT ("Agreement"), is made
and entered into this / CJ day of 1. ~ 2008, by and bern'een the City of Eagle, a
municipal corporatiob""fu the State of I 0 ("'Eagle"), by and through its Mayor, and
Robert Erland ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 1107
East Iron Eagle Drive and 1093 East Iron Eagle Drive, Eagle, Idaho, ("Properties") as
shown on Exhibit A attached hereto and incorporated herein by this reference; and
WHEREAS, the Owner has requested this Agreement in accordance with Eagle
City Code Section 8-4-4-3; and
WHEREAS, the intent of this Agreement is to assure the parking spaces which
have been provided at 1107 East Iron Eagle Drive and 1093 East Iron Eagle Drive continue
to be provided for use by, and shared by, both Properties in the event either of the
Properties change ownership; and
WHEREAS, Eagle and Owner understand and agree that the terms of this
agreement, particularly the sharing of parking spaces between the Properties, will allow for
a two parking space reduction (from 49 parking spaces to 47 parking spaces) based upon
evidence (operating schedule for the uses located upon the Properties) submitted by the
Owner and included in the conditional use permit application record CD-IS-07 showing
that the two space reduction will not be detrimental to either of the Properties or the City.
NOW, THEREFORE, for and in consideration of the premises herein contained
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
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ARTICLE I
CONDITIONS
1.1 Owner hereby agrees that the forty seven (47) parking spaces provided for 1107
East Iron Eagle Drive and 1093 East Iron Eagle Drive shall be shared between the
Properties.
1.2 If any change of the Properties occurs which results in the need for additional
parking spaces, per the Eagle City Code in effect at the time of the change, an
amendment of this agreement as outlined in Section 5.1 below shall be required.
ARTICLE II
TERMS
2.1 Definitions. For purposes hereof:
(a) The term "Parcel A" shall mean the Property located at 1107 East Iron
Eagle Drive or and any future subdivisions of the Property.
(b) The term "Parcel B" shall mean the Property located at 1093 East Iron
Eagle Drive and any future subdivisions of the Property.
(b) The term "O""ller" shall include any and all successors or assigns of
Owner as the owner or owners of fee simple title to all or any portion of the Owner's Parcel
whether by sale, assignment, inheritance, operation of law, foreclosure, or otherwise, but not
including the holder of any lien or encumbrance on the Owner's Parcel unless and until such
holder becomes the record owner thereof.
(c) The term "Permitted Use" refers to use of the Owner's Joint Collective
Parking Area by a pedestrian or person in a motor vehicle who meets the following criteria:
(i) such pedestrian or person is located on Parcel A or Parcel B; and (ii) such pedestrian or
person desires to enter Parcel A for the purpose of parking while patronizing a business or
businesses on Parcel B or (iii) such pedestrian or person desires to enter Parcel B for the
purpose of parking while patronizing a business or businesses on Parcel A.
(d) The term "Permittees" shall mean the tenants or occupants of both Parcel
A and Parcel B, and the respective employees, agents, contractors, customers, invitees and
licensees of (i) the owner or owners of fee simple title to all or any portion of Parcel A and
Parcel B and (ii) such tenants or occupants.
2.2 Improvement and Maintenance of Joint Collective Parking Agreement Area. Owner
shall be responsible for improving and maintaining the Joint Collective Parking
Area.
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2.3 Use of Joint Collective Parking Agreement Area. The Joint Collective Parking
Agreement granted herein shall be used and enjoyed by Permittees in such a manner
as not to unreasonably interfere with the conduct and operations of the business or
businesses at any time conducted on the Owner's Properties. The Joint Collective
Parking Agreement granted by this Agreement is non-exclusive in nature. Each
party's use of the respective Joint Collective Parking Area shall comply with all
applicable Federal, State and local laws, regulations and ordinances.
ARTICLE III
DEFAULT
3.1 In the event the Owner fails to comply with the conditions set forth herein, within
thirty (30) days of written notice of such failure from Eagle, Eagle shall have the
right to, without prejudice to any other rights or remedies, to cure such default and
enjoin such violation and otherwise enforce the conditions contained in this Joint
Collective Parking Agreement.
3.2 If required to proceed in a court of law or equity to enforce any provision of the Joint
Collective 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 Joint Collective Parking Agreement, including
attorney's fees and court costs.
ARTICLE IV
ASSIGNMENT AND TRANSFER
4.1 After its execution, the Joint Collective Parking Agreement shall be recorded in the
office of the COWlty Recorder. Each condition herein shall be a burden on the
Properties and shall run with the land. The Joint Collective Parking Agreement shall
be binding on the Owners, and their respective heirs, administrators, executors,
agents, legal representatives, successors, and assigns. Any new owners of the
Properties 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 V
GENERAL MATTERS
5.1 Amendments: Any alteration, change, or termination of this Joint Collective Parking
Agreement shall be made only after written approval by Owner and Eagle.
5.2 Paragraph Headings: This Joint Collective Parking agreement shall be construed
according to its fair meaning and as if prepared by both parties hereto. Titles and
captions are for convenience only and shall not constitute a portion oftrus Joint
Collective Parking Agreement. As used in this Joint Collective 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.
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5.3 Choice of Law: This Joint Collective Parking Agreement shall be construed in
accordance with the laws of the State ofldaho in effect at the time of the execution
of this Joint Collective Parking agreement. Any action brought in connection with
this Joint Collective Parking Agreement shall be brought in the Fourth Judicial
District in Ada County, Idaho.
5.4 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 overnight delivery service, to the party to whom the notice is directed
at the address of such party set forth below;
Eagle:
Eagle Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
Owner:
Robert Erland, Owner
5093 North Quail Ridge
Boise, Idaho 83703
Or other such address and to such other persons as the parties may hereafter
designate. Any such notice shall be deemed given upon receipt ifby 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.
5.5 Effective Date: This Joint Collective Parking Agreement shall be effective upon the
signing and execution of this agreement by both parties.
5.6 Authority to Enter Into Agreement: By the execution and delivery of this Agreement
by the parties, and the performance of their covenants and obligations therein, the
parties acknowledge such action has been duly authorized by all necessary corporate
(or LLC) action, and necessary corporate (or LLC) resolution(s) have been executed
for the undersigned representatives to sign this Agreement and so bind their
respective parties.
IN WITNESS WHEREOF, the parties have executed this Joint Collective Parking
Agreement.
DATEDthis l~ayof~~
,2008
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BY:
ATTEST:
~~ 't-t%~...J
../Sharon K. Bergmann, City CI rk
DATED this ~ay of
~"I
\
, 2008.
Li::Lr ~;J~~
BY:
STATE OF IDAHO )
:5S.
County of Ada )
On this cGt"aay of ~ , 2908, before the undersigned notary
public in and for the said sta~ appeared PHIL BANDY, known or ldentIfied 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.
IN WI~~lYHEREOF, I have hereunto set my hand and seal the day and year
first abov~\t~N -...... ....... Ju..
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STATE a ~~M~\:.),.,....."""
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County of Ada )
On this (~ day of~ ,2008, before the undersigned notary public in and for
the said state, personally appe~b Erland known or identified to me to be the owner of
Inland Condominiums, ovvner of the properties referenced herein and the persons who
executed the foregoing instrument.
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Notary Public ~
Residing at: ~ ~)s-~l ~
My Commission Ex . s: l -\~- O~
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