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Parking Agreement - 2025 - 205 S 2Nd Street / Aikens Place - 5/14/2025Ada County Recorder Trent Tripple 2025-031564 Boise, Idaho Pgs= 9 cfowler 05/21/2025 03:51:01 PM CITY OF EAGLE $0.00 Electronically Recorded MAY 13, 2025 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: EAGLE CITY CLERK CITY OF EAGLE P.O. BOX 1520 EAGLE, IDAHO 83616 (Reserved for Ada County Recorder) PARKING AGREEMENT 205 S 2° d STREET, EAGLE, IDAHO This PARKING AGREEMENT ("Parking Agreement"), is made by and between Aikens Place LLC, an Idaho limited liability company ("Owner") and the City of Eagle, a municipal corporation in the State of Idaho, by and through its Mayor Brad Pike ("Eagle"), and entered effective upon the signing and execution of this agreement by all parties. WHEREAS, Owner is the owner of record of certain real estate located at 165 E Aikens Road, Eagle, Idaho as described on Exhibit A attached hereto and incorporated herein by this reference ("165 E Aikens Road"); WHEREAS, Ada County Highway District ("ACHD") and Owner are entering into that certain Purchase and Sale Agreement that provides the acquisition by ACHD from Owner of a portion of 165 E Aikens Road which will eliminate parking spaces for 165 E Aikens Road ("Purchase Agreement"); WHEREAS, ACHD and Eagle are entering into that an agreement that provides for ACHD to improve that certain real estate located at 205 S 2nd Street, Eagle, Idaho as described on Exhibit B attached hereto and incorporated herein by this reference ("205 S 2nd Street"), as a parking lot ("Parking Lot") and to convey the Parking Lot to Eagle upon completion of the improvements ("Parking Lot Agreement"); and WHEREAS, a material consideration for Owner to enter into the Purchase Agreement with ACHD is for Eagle and Owner to enter into this Parking Agreement for Eagle to dedicate six (6) permanent parking spaces in the Parking Lot for the exclusive use of the Owner, its employees, invitees, tenants, guests and/or agents of Owners and occupants of 165 E Aikens Road. NOW, THEREFORE, in consideration of the Recitals which are incorporated herein below, the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: PARKING AGREEMENT — P. 1 Instrument # 2025-031564 05/21/2025 03:51:01 PM Page 2 of 9 ARTICLE I CONDITIONS 1.1 Upon conveyance of 205 S 2nd Street by ACHD to Eagle, Eagle hereby agrees that the six (6) parking spaces in the Parking Lot adjacent to 165 E Aikens Road as depicted on Exhibit C attached hereto ("Parking Spaces") shall be for the exclusive use of the Owner, its employees, invitees, tenants, guests and/or agents of Owner and occupants of 165 E Aikens Road. 1.2 Eagle shall be solely responsible for maintaining the Parking Lot, including the Parking Spaces, including all maintenance, repair, and replacement costs. Eagle shall be solely responsible for maintaining any landscaping for the Parking Lot. 1.3 Eagle shall be solely responsible for snow removal of the Parking Lot, including the Parking Spaces. Eagle shall permit snow to be aggregated in any of the Parking Spaces to the extent that the Parking Spaces are not fully accessible. 1.4 Owner and the successor and assigns of 165 E Aikens Road shall be entitled to post signs restricting use of the Parking Spaces and to enforce the parking restrictions. ARTICLE II DEFAULT 2.1 In the event Owner or Eagle fails to comply with the conditions set forth herein, within thirty (30) days of written notice of such failure, the non -breaching Party 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 Parking Agreement. 2.2 If required to proceed in a court of law or equity to enforce any provision of the 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 attorney's fees and court costs. ARTICLE IV ASSIGNMENT AND TRANSFER After its execution, the Parking Agreement shall be recorded in the office of the Ada County Recorder. Each condition herein shall be a burden on 205 S 2nd Street and shall run with the land. T h e Parking Agreement shall be binding on the parties, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns. Any new owners of the 205 S 2nd Street 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 Parking Agreement with respect to the Parking Spaces or portion thereof. PARKING AGREEMENT — P. 2 Instrument # 2025-031564 05/21/2025 03:51:01 PM Page 3 of 9 ARTICLE V GENERAL MATTERS 5.1 Amendments. Any alteration, change, or termination of this Parking Agreement shall be made only after written approval by Owner. 5.2 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. 5.3 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. 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 FedEx 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: Mailing Address on file with Ada County Assessor for Owner of: 165 E Aikens Road, Eagle, Idaho 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 Authority to Enter Into Parking Agreement. By the execution and delivery of this Parking 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 Parking Agreement and so bind their respective parties. PARKING AGREEMENT — P. 3 Instrument # 2025-031564 05/21/2025 03:51:01 PM Page 4 of 9 IN WITNESS WHEREOF, the parties have executed this Parking Agreement. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: E T: Tracy Aikens Place LLC phen W. GI Date: PARKING AGREEMENT — P. 4 Instrument # 2025-031564 05/21/2025 03:51:01 PM Page 5 of 9 STATE OF IDAHO County of Ada ) :ss. On this tut day of , 2025, before the undersigned notary public in and for the said state, personally appeared Brad Pike 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 WHEREOpliill a g, hereunto set my hand and seal the day and year first written above. .••'.1 CSE1yt;••, 00000000000 000 1W1.110TAR A Notate Public for Idaho f UBOC :; Residing at: ti d ••:m. No.S;.' 4:)," My Commission Expires: .,,,g7gTE ,OF,`� sa44...,,,.., STATE OF IDAHO :ss. County of Ada • On this 1,1 day of ► , 2025, before the undersigned notary public in and for the said state, personally appeare.` Stephen W. Glasgow known or identified to me to be a Manager of Aikens Place LLC, and the person who executed the foregoing instrument on behalf Aikens Place LLC. IN WITNESS WHEREOF, I have hereunto se my hand and seal the day and year first written above. ��0 it*uIIIIg %44 C S EiV 0 0 .o°r, Y.V i+�.w Nota ` • ublic +.•... . : Resid "g at: PUBLIC : My Commission Expi es: ,,yr+,off 19 .. PARKING AGREEMENT — P. 5 Instrument # 2025-031564 05/21/2025 03:51:01 PM Page 6 of 9 Exhibit A Legal Description 165 E Aikens Road Exhibit B Legal Description 205 S 2nd Street Exhibit C Depiction of Parking Spaces PARKING AGREEMENT — P. 6 Instrument # 2025-031564 05/21/2025 03:51:01 PM Page 7 of T•© ENGINEERS Owner: Aikens Place LLC Ada County Parcel No.: R7736000065 ACHD Project: Aikens St, Eagle Rd to 2nd St ACHD Project No.: 517033 GIS No.: RD209-11 Sec. 9, T.4N., R.1E., B.M. PARCEL ID No. 11 REVISED PERMANENT EASEMENT A strip of land located in the SW1/4 of the SW1/4 of Section 9, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, being more particularly described as follows: COMMENCING at an aluminum cap monument marking the Section corner common to Sections 8, 9, 16 and 17 of said Township 4 North, Range 1 East, located 843.34 feet Rt. from the proposed centerline of Aikens Street, Design Control Line Station 10+01.41, the West One -Quarter corner of said Section 9 bears N.01°03'32"E., 2636.63 feet; thence, along the west line of said Section 9, A) N.01°03'32"E., 841.10 feet, located 2.23 feet Rt. from said Design Control Line at Station 10+01.00; thence, B) S.88°56'28"E., 516.27 feet to the northwest corner of Parcel 11, as described in Warranty Deed Instrument No. 104098023, records of Ada County, Idaho, located 1.99 feet Rt. from said Design Control Line at Station 15+17.28; thence, along the west line of said Parcel, C) S.04°57'20"E., 16.10 feet to the POINT OF BEGINNING, located 18.00 feet Rt. from said Design Control Line at Station 15+18.97; thence, 1) S.88°54'48"E., 71.76 feet to the east line of said Parcel, located 18.00 feet Rt. from said Design Control Line at Station 15+90.73; thence, along said east line, 2) S.00°50'10"W., 17.00 feet, located 35.00 feet Rt. from said Design Control Line at Station 15+90.80; thence, 3) N.88°54'48"W., 4.93 feet, located 35.00 feet Rt. from said Design Control Line at Station 15+85.87; thence, 4) N.01°05'12"E., 5.00 feet, located 30.00 feet Rt. from said Design Control Line at Station 15+85.87; thence, 5) N.88°54'48"W., 65.63 feet to the west line of said Parcel, located 30.00 feet Rt. from said Design Control Line at Station 15+20.24; thence, along said west line, 6) N.04°57'20"W., 12.07 feet to the POINT OF BEGINNING. The above -described strip of land CONTAINS 878 square feet, more or less. SUBJECT TO: Record Documents. 2471 South Titanium Place, Meridian, ID 83642 Phone (208) 323-2288 Fax (208) 323-2399 to-engineers.com Aviation Transportation 1 Land Development) Municipal 1 Water Resources Wastewater Surveying Landscape Architecture 1 Environmental 1 Geospatial Instrument # 2025-031564 05/21/2025 03:51:01 PM Page 8 of T°O ENGINEERS Owner: Ada County Highway District Ada County Parcel No.: S0509336311 ACHD Project: Aikens St, Eagle Rd to 2nd St ACHD Project No.: 517033 GIS No.: RD209-11 Sec. 9, T.4N., R.1E., B.M. PARCEL ID No. 13 FEE ACQUISITION A strip of land located in the SW1/4 of the SW1/4 of Section 9, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, being more particularly described as follows: COMMENCING at an aluminum cap monument marking the Section corner common to Sections 8, 9, 16 and 17 of said Township 4 North, Range 1 East, located 843.34 feet Rt. from the proposed centerline of Aikens Street, Design Control Line Station 10+01.41, the West One -Quarter corner of said Section 9 bears N.01°03'32"E., 2636.63 feet; thence, along the west line of said Section 9, A) N.01°03'32"E., 836.38 feet, located 6.96 feet Rt. from said Design Control Line at Station 10+01.01; thence, B) S.88°56'28"E., 589.67 feet to the northwest corner of Parcel 13, as described in Warranty Deed Instrument No. 2019-03100, records of Ada County, Idaho, being the POINT OF BEGINNING, located 6.67 feet Rt. from said Design Control Line at Station 15+90.68; thence, along the north line of said Parcel, 1) S.89°09'50"E., 98.84 feet to the northeast corner of said Parcel, located 6.24 feet Rt. from said Design Control Line at Station 16+89.51; thence, along the east line of said Parcel, 2) S.01°03'40"W., 38.71 feet, located 44.95 feet Rt. from said Design Control Line at Station 16+89.53; thence, leaving said east line, 3) N.17°24'38"W., 15.77 feet, located 30.00 feet Rt. from said Design Control Line at Station 16+84.53; thence, 4) N.88°54'48"W., 89.66 feet, located 30.00 feet Rt. from said Design Control Line at Station 15+94.87; thence, 5) S.01°05'12"W., 5.00 feet, located 35.00 feet Rt. from said Design Control Line at Station 15+94.87; thence, 6) N.88°54'48"W., 4.07 feet to the west line of said Parcel, located 35.00 feet Rt. from said Design Control Line at Station 15+90.80; thence, along the west line of said Parcel, 7) N.00°50'10"E., 28.33 feet to the POINT OF BEGINNING. The above -described strip of land CONTAINS 2,383 square feet, more or less. SUBJECT TO: Record Documents. 2471 South Titanium Place, Meridian, ID 83642 Phone (208) 323-2288 Fax (208) 323-2399 to-engineers.com Aviation Transportation Land Development 1 Municipal Water Resources Wastewater Surveying 1 Landscape Architecture 1 Environmental ( Geospatial II Iblt A A 05/21/2 ¢ E S 8^ o }g € s� ih € a O _ pp i g€ E gSg i i {i ! gI S E g$ & �o t 1 s s 9g1 a a s w•g gp E g 1 1.. 561 i 0000[f5000000000646boo® toO IS ONZ S 4- i1u6jsdee 1 # 2025-031564 :5 :O'PPage 9 of 9 J LL9 € 2a F '^ x W ,• a o 18 I m m L N L.