Parking Agreement - 2008 - Old Town LLC 164 E State/Parking - 11/5/2008
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/05/08 04:16 PM
DEPUTY Gail Garrell
RECORDED-REQUEST OF
Eag Ie Ci tv
AMOUNT
.00
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11111111111111111" 111111111111111111
108121539
Recording Requested By and
When Recorded Return to:
Eagle City Clerk
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
PARKING AGREEMENT FOR 164 EAST STATE STREET
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 Old Town 1, LLC (an Idaho Limited Liability Company) by and through
its managing member Mark L. Butler, 839 E. Winding Creek Drive, Suite 201, Eagle, Idaho
83616 ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 164 East
State Street, Eagle, Idaho, more particularly described as Lot 4, Block 2 of Townsite of Eagle
according to the records of Ada County, 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 (retail/office facility) necessitates ten (10)
parking spaces. The Owner is providing four (4) on-site parking spaces. The parking in-lieu
payment provided for herein is compensatory for the remaining six (6) required parking spaces.
ARTICLE I
CONDITIONS
1.1 Owner hereby agrees to provide the City with $34,200.00 as parking in-lieu payment for
six (6) 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 retail/office facility.
1.2 If any change in the use of the Property occurs which results in the need for more than ten
(10) 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 $34,200.00 to construct parking spaces pursuant to Eagle City
Code Section 8-4-4-5.
1.4 In the event the Owner provides the six (6) 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 $34,200.00 towards said spaces, then
PARKING AGREEMENT - PAGE 1 OF 5
Eagle will reimburse the $34,200.00 to the Owner upon Owner's completion of
construction of the parking spaces.
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 at the defaulting party 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 ofthe 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.
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
PARKING AGREEMENT - PAGE 2 OF 5
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:
Old Town 1 LLC, Mark L. Butler
839 E. Winding Creek Drive, Suite 201
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.
11+
DATED this L day of~0.j~C't\. ,2008.
,2008.
: /rc-<
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",/ ,.~
--By: .?
Mark L. Butler, Man ging Member
Old Town 1, LLC
PARKING AGREEMENT - PAGE 3 OF 5
STATE OF IDAHO )
: ss
County of Ada )
On this ..<tT'liay of l\Jov~ hi'" r , Za::A, before me, the undersigned, a
Notary Public in and for said State, personally appeared PHIL BANDY, 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 year in this certificate first above written.
STATE OF IDAHO
ry~c-O ~~~
NOT Y PUBLIC FOR IDAHO
Residing at ~e"...Lo~-l--J
My Commission Expires:M~i:Z j2()14..
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County of Ada )
On this ~ day of l'Jo ve(rlbf:.. V' ,2ocB, before me, the undersigned, a
Notary Public in and for said State, personally appeared MARK L. BUTLER, 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.
ex~ ~I<-':~
NOTA PUBLIC FOR IDAHO
Residing at (be: ~ (01...............+'--'\
My Commission Expires: MCU;:) i'2 I '~I4--
PARKING AGREEMENT - PAGE 4 OF 5
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