Parking Agreement - 2001 - Parking Agrt/190 E State St - 10/24/2001
2001 DC 24 {{H \0: 45
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Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER
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Sharon Moore - Eagle City Clerk
City of Eagle
P.O. Box +5f1'5~O
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
PARKING AGREEMENT FOR 190 E. STATE STREET
This Parking Agreement, made and entered into this~ day of 5e.cl. ,2001,
by and between the City of Eagle, a municipal corporation in the State of Idaho
("Eagle"), by and through its Mayor, and Larry Schwartz and daVinci's, P.O. Box 654,
Eagle, Idaho 83616 ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 190
E. State Street, Eagle, Idaho, more particularly described as the East Y2 of Lot 6 in Block
1 of the Eagle Townsite, according to the plat thereof, filed in Book 2 of Plats at page 82,
records of Ada County, Idaho, ("Property"); 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.
ARTICLE I
CONDITIONS
1.1 Owner hereby agrees to provide the City with $34,000.00 as parking in-lieu
payment within sixty (60) days from the date of this agreement, which payment
shall fulfill all parking requirements of City for the Property as long as the
Property is utilized as a restaurant and/or bar.
1.2 If any change in the use of the Property occurs which results in the need for more
than 17 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.
1.3 Eagle agrees to use the $34,000.00 to improve the City property located at 97 E.
Idaho Street to a public parking lot.
PARKING AGREEMENT - PAGE 1 OF 4
ARTICLE II
DEFAULT
2.1 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.
2.2 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
3.1 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 respective 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 MATTERS
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
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.
PARKING AGREEMENT - PAGE 2 OF 4
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 deli very 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 15207
Eagle, Idaho 83616
Owner: Larry Schwartz
da Vinci's
P.O. Box-6543~.:13
Eagle, Idaho 83616
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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
deli very 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 ~ day of ~'f. ,2001.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the
State of Ida 0
By:
ATTEST:
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Sharon Moore, City Clerk
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DATED this Q day of Odo "~r . 2001.\d).~....i;;;. -r'-J' '.., ......tol
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By:
PARKING AGREEMENT - PAGE 3 OF 4
STATE OF IDAHO )
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County of Ada )
On this ~ day of &p-km her , :{OO J ,before me, the undersigned,
a Notary Public in and for said State, personally appeared RICK YZAGUIRRE, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and l',,~w..s certificate first above written.
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STATEOFIDAHO )
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County of Ada )
On this 12- day of ()cIoW ,tltJO/ , before me, the undersigned,
a Notary Public in and for said State, personally appeared LARRY SCHWARTZ, known
or identified to me to be the Owner of the properties referenced herein and the person
who executed the foregoing instrument.
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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PARKING AGREEMENT - PAGE 4 OF 4