Parking Agreement - 2017 - Joint Collective Parking / 247 N Eagle Rd - 10/31/2017RECORDING REQUESTED BY and
WHEN RECORED RETURN TO:
Eagle City Clerk
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Christopher D. Rich 2017-023754
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 03/21/2017 02:47 PM
EAGLE CITY NO FEE
11/111111 III1111I11121111010121171141010171010 1111111 IIII III
0034171
For Recording Purposes Do
Not Write Above This Line
JOINT COLLECTIVE PARIUNNG AGREEMENT FOR 247 N. EAGLE ROAD
This JOINT COLLECTIVE PARKING AGREEMENT ("Agreement"), is made
and entered into on the date indicated herein, by and between Shawn L. Nickel of
Strawberry Fields Forever, LLC, and Imagine Properties, LLC, and the City of Eagle, a
municipal corporation in the State of Idaho, by and through its Mayor Stan Ridgeway,
hereinafter referred to as "Eagle".
WHEREAS, Shawn L. Nickel of Strawberry Fields Forever, LLC is the owner of
record of certain real estate located at 247 N. Eagle Road, Eagle, Idaho, (Parcel A) as
shown on Exhibit A attached hereto and incorporated herein by this reference; and
WHEREAS, Imagine Properties, LLC is the owner of record of certain real estate
located at 223 N. Eagle Road, Eagle, Idaho, (Parcel B) as shown on Exhibit A attached
hereto and incorporated herein by this reference; and
WHEREAS, Shawn L. Nickel has requested this Agreement in accordance with
Eagle City Code Section 8-4-4-3; and
WHEREAS, On September 27, 2016, the Eagle City Council approved the use of
shared parking between 247 N. Eagle Road and 223 N. Eagle Road with zone change
application RZ-05-16, and design review application DR -43-16; and
WHEREAS, the approved use of the Property located at 247 N. Eagle
(Office/Commercial) necessitates (7) parking spaces. Shawn L. Nickel of Strawberry
Fields Forever, LLC is providing (5) on-site parking spaces. The Joint Collective Parking
Agreement provided for herein is to allow the additional (2) required parking spaces to be
located at the 223 N. Eagle Road property.
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:
PARKING AGREEMENT - PAGE 1 of 6
1.1
ARTICLE I
CONDITIONS
Imagine Properties, LLC hereby agrees that the two (2) parking spaces provided at
223 N. Eagle Road shall be shared between Imagine Properties, LLC and Shawn L.
Nickel of Strawberry Fields Forever, LLC.
1.2 If any change of the Property 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 247 N. Eagle Road
or and any future subdivisions of the Property.
(b) The term "Parcel B" shall mean the Property located at 223 N. 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. Shawn L. Nickel of
Strawberry Fields Forever, LLC shall be responsible for maintaining Parcel A.
Imagine Properties, LLC 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.
PARKING AGREEMENT - PAGE 2 of 6
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, 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;
PARKING AGREEMENT - PAGE 3 of 6
Eagle: Eagle Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
Owner, Parcel A: Strawberry Fields Forever, LLC — Shawn L. Nickel
1589 N. Estancia Place
Eagle, Idaho 83616
Owner, Parcel B: Imagine Properties, LLC
1589 N. Estancia Place
Eagle, ID 83616
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
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.
PARKING AGREEMENT - PAGE 4 of 6
IN WITNESS WHEREOF, the parties have executed this Joint Collective Parking
Agreement.
DATED this / day of Mj t, M , 2016
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Sharon K. Bergmann, City Cl
STATE OF IDAHO )
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County of Ada )
On this / day of i v4 er , 2016, before the undersigned notary
public in and for the said state, personally appeared Stan Ridgeway, 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.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the
State of Idaho
Stan Ridgeway, May
BY:;��- 44' . )1g'‘'`,
Shawn L. Nickel, Owner 247 N. Eagle Rd
S-lrpwien Fief -/f Fort✓Pr, GCC
BY:
Shawn L. Nickel, Manager
Imagine Properties, LLC
IN WITNESS WHERW� Y u
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PARKING AGREEMENT - PAGE 5 of 6
on xpires:
STATE OF IDAHO )
:ss.
County of Ada )
On this day of c� , 2016, before the undersigned notary public in and for
the said state, personally appeared Shawn L. Nickel, on behalf of Strawberry Fields Forever,
LLC, known or identified to me to be the owner of 247 N. 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.
JAMIE BOX
NOTARY PUBIC
STATE OF IDAHO
STATE OF IDAHO)
:SS.
County of Ada
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Public for Idaho / /
mg at: 4e. /c a-� CZ
My Commissionxpires:�cv //8'/ao-e
On this ; day of Dc- , 2016, before the undersigned notary public in and for
the said state, personally appeared Shawn L. Nickel, on behalf of Imagine Properties, LLC,
known or identified to me to be the owner of 223 N. 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.
Public for Idaho
aiding at: ("q ie 161..%7D
My Commission Expires: 0/ / 8/&Oa C
PARKING AGREEMENT - PAGE 6 of 6
Ada County Assessor
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This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may
not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION OR LEGAL PURPOSES.
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Parcel"B"
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3/6/2017