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Parking Agreement - 2012 - 93 S Eagle Rd/Joint Collective - 2/23/2012 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 9 BOISE IDAHO 02123112 01:34 PM DEPUTY Lisa Batt RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIII�IIIIIII Eagle City 1 i 2016300 RECORDING REQUESTED BY and WHEN RECORED 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 FOR 93 S. EAGLE ROAD This JOINT COLLECTIVE PARKING AGREEMENT ("Agreement"), is made and entered into on the date indicated herein, by and between HRPG, Ltd., hereinafter referred to as "HRPG", and Carol Swig, hereinafter referred to as "Handmade", and the City of Eagle, a municipal corporation in the State of Idaho, by and through its Mayor James Reynolds, hereinafter referred to as "Eagle". WHEREAS, on November 1, 2006, Jeremiah Properties transferred ownership of 93 S. Eagle Road to HRPG, Ltd, both fully owned by Mark Priddy; WHEREAS, HPRG Ltd., is the owner of record of certain real estate located at 93 South Eagle Road, Eagle, Idaho, (Parcel A) as shown on Exhibit A, attached hereto and incorporated herein by this reference; WHEREAS, Handmade is the owner of record of certain real estate (Handmade Building) located at 60 South Eagle Road, Eagle, Idaho, (Parcel B) as shown on Exhibit A attached hereto and incorporated herein by this reference; WHEREAS, HPRG has requested this Agreement in accordance with Eagle City Code Section 8-4-4-3; WHEREAS, On January 28, 2005, the City of Eagle approved design review application DR-88-04 MOD for Mark Priddy/Jeremiah Properties, owner at the time of 93 South Eagle Road, which included the following site specific condition of approval: "1. The applicant shall enter into a modified parking agreement and provide a cash in lieu payment to the City for the seven (7) additional parking spaces required on this site. For the seven (7) parking spaces not constructed on this site a total of $39,900.00 is required to be paid to the City (based on $5,700.00 per parking space). A parking agreement shall be reviewed and approved by the Zoning Administrator and recorded in the Ada County Recorder's office and the cash in Page 1 of 8 K:\Planning Dept\Eagle Applications\Dr\2004\DR-88-04 MOD joint parking agreement cc final ver.doc lieu payment in the amount of$39,900.00 shall be submitted to the City prior to the City issuing a zoning certificate for this site."; WHEREAS, following the January 28, 2005, approval by the City, Mark Priddy/Jeremiah Properties provided the City a check in the amount of $39,000.00 to satisfy site specific condition of approval #1; WHEREAS, the approved use of the Property (restaurant/office/dance facility — today know as Rembrandts Coffee House) necessitates twenty four (24) parking spaces. HRPG is providing seventeen (17) on-site parking spaces. The Joint Collective Parking Agreement provided for herein satisfies the required parking for the remaining seven (7) required parking spaces; WHEREAS, upon approval and execution of this Joint Parking Agreement, the City will refund $39,000.00 to HRPG; and, WHEREAS, the Handmade Building located at 60 S. Eagle Road is currently vacant and has eleven(11) on-site parking spaces. 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: ARTICLE I CONDITIONS 1.1 Handmade hereby agrees that seven (7) of the eleven(11)parking spaces provided at 60 South Eagle Road are provided for the sole use by HRPG at 93 South Eagle Road. 1.2 Handmade understands and agrees that the remaining four(4)parking spaces do not satisfy the minimum parking requirements for the use located on the property at 60 South Eagle Road. Prior to any use being approved to occupy the building, Handmade will need to provide the necessary parking required per Eagle City Code Section 8-4. 1.3 HRPG will be permitted to utilize seven (7) Handmade parking spaces until and unless such time that the City approves an amendment to this Joint Parking Agreement. If at any time Handmade seeks to terminate this agreement or precludes use of said parking spaces by HRPG then HRPG shall immediately provide the City with a parking in-lieu fee of$39,000.00 for the required 7-parking spaces, or otherwise provide an alternative approved shared parking agreement. 1.4 If any change of the properties located at 60 S. Eagle Road and/or 93 South Eagle Road 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. Page 2 of 8 K:\Planning Dept\Eagle Applications\Dr\2004\DR-88-04 MOD joint parking agreement cc final ver.doc ARTICLE II TERMS 2.1 Definitions. For purposes hereof: (a) The term "Parcel A" shall mean the Property located at 93 South Eagle Road or and any future subdivisions of the Property. (b) The term "Parcel B" shall mean the Property located at 60 South Eagle Road and any future subdivisions of the Property. (c) The term "Owner" 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. (d) The term"Properties" shall mean both Parcel A and Parcel B. 2.2 Maintenance of Joint Collective Parking Agreement Area. HRPG shall be responsible for maintaining Parcel A. Handmade shall be responsible for maintaining Parcel B. 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 County 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, Page 3 of 8 K:\Planning Dept\Eagle Applications\Dr\2004\DR-88-04 MOD joint parking agreement cc final ver.doc 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 each property 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 of this 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. 5.3 Choice of Law: This Joint Collective 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 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, Parcel A: HRPG, Ltd. P O Box 1640 Eagle, Idaho 83616 Owner, Parcel B: Carol Swig 3931 N Triple Ridge Place Eagle, ID 83616-2942 Or other such address and to such other persons as the parties may hereafter designate. 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 Page 4 of 8 K:\Planning Dept\Eagle Applications\Dr\2004\DR-88-04 MOD joint parking agreement cc final ver.doc 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 all 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. 5.7 Agreement Binding: This Joint Collective Parking Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. 5.8 Entire Agreement: This Joint Collective Parking Agreement contains the entire understanding between and among the parties and supersedes any prior understandings and/or written agreements respecting the subject matter of this Agreement including but not limited to meeting the parking requirements of Parcel A. 5.9 Attorney Fees and Costs: In the event an arbitration, suit or action is brought by any party under this Joint Collective Parking Agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorneys fees and costs to be fixed by the arbitration, trial court, and/or appellate court. 5.10 Counterparts: This Joint Collective Parking Agreement may be executed in several counterparts and all so executed shall constitute one agreement, binding on all the parties hereto even though all the parties are not signatories to the original or same counterpart. 5.11 Presumption: This Joint Collective Parking Agreement or any section thereof shall not be construed against any party due to the fact that said agreement or any section thereof was drafted by said party. 5.12 Waiver: The waiver by any party of the breach of any provision of this Joint Collective Parking Agreement by any other party shall not operate or be construed as a waiver of any subsequent breach. Page 5 of 8 K:\Planning Dept\Eagle Applications\Dr\2004\DR-88-04 MOD joint parking agreement cc final ver.doc IN WITNESS WHEREOF, the parties have executed this Joint Collective Parking Agreement. I DATED this A7 day of Jan /Lary r , 2012 rrrrr o t F CITY OF EAGLE, a municipal corporation L: „OR ,,f •. : organi ed and existin: under the laws of the • �' • State Idaho • • t. �S E A La:• = BY: r� Arad J-••;PO •• ames D. Reyno ds,' ayor r'rr 17. OF Iv Pa®� ATTEST. rrrr�+11/1111��,� _ _. _ Sharon K. Bergmann, City C erk Rembran BY: G:. Mark Pri r dy,Owner HRPG, Ltd. Handmade BY: 3\1 Carol Swig, er' � Page 6 of 8 K:\Planning DeptlEagk Applications\Dr12004\DR-48-04 MOD joint parking agreement cc fmal ver.doc STATE OF IDAHO ) :ss. County of Ada ) On this0 day of Ja n c , 2012, before the undersigned notary public in and for the said state, personallpeared JAMES D. REYNOLDS, 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 seal the day and year first above written. Notary Publ.' aho Residing e ding at: / / . ���1LL My Commission Expires: 4 /M a/5 STATE OF IDAHO ) :ss. County of Ada ) c2itOn this day of , •/ , 2012, before the undersigned notary public in and for the said state, personally appear t Mark Priddy, on behalf of HRPG, Ltd.,known or identified to me to be the owner of 93 South Eagle Road, and the person who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. dlIA IM. �_ ►L_A / 1..° .°414 otary Public f.-r//Idahq/_ j' Residing at: 11( k— (/0 v X01 r My Commission Expires: , . % ; 0' woo Page 7 of 8 K:\Planning Dept\Eagle Applications\Dr\2004\DR•8 8.04 MOD pint parking agreement cc fmal ver.doc STATE OF IDAHO ) :ss. County of Ada �J ) On this lay o . '012, before the undersigned notary public in and for the said state,personally appeared Cal Swig, known or identified to me to be the owner of 60 South Eagle Road, and the person o executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. / Qlb j, Wita Public 'r Id. Z ,� �, Residing at: d&. ' rr + or My Commission Expires: ‘,...241ERAIN do G puss 411 0, Page 8 of 8 K:IPlanning Dept'Eagle Applications1Dr120041DR.88-0.1 MOD joint parking agreement cc fmal ver.doc U4 LIJ! i 0 ! I! 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