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Parking Agreement - 2026 - TPC Commercial Holdings - Eagle Fun Days Event Parking - 6/23/2026PARKING AGREEMENT This PARKING AGREEMENT (the "Agreement"), is made and entered into between City of Eagle, an Idaho municipal corporation (hereinafter referred to as "City"), and TPC Commercial Holdings II LLC, an Idaho corporation (hereinafter referred to as "TPC"). RECITALS WHEREAS, TPC is the owner of certain parcels of real property located on 75 West State Street, Eagle Idaho 83616 and 45 West State Street Eagle, Idaho 83616 (collectively the "Property"). WHEREAS, City is desires to use the Property for City employee parking during the City's Eagle Fun Days WHEREAS, TPC desires to grant City with a license to use certain portions of the Property as a parking lot related to City's Eagle Fun Days on the terms and conditions as contained herein; AGREEMENT NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Incorporation of Recitals: The above Recitals are a material part of this Agreement and are incorporated into the Services of this Agreement by reference as though they were fully set forth herein. 2. Grant of License for Parkin: TPC grants to City permission to use the two lots identified and depicted on Exhibit A for the sole purpose of providing City employee parking during the City's Eagle Fun Days event scheduled on June 26 and 27, 2026. The license granted herein is non-exclusive, non -transferable, and subject to all rights of TPC. 3. Term of Agreement: The term of this Agreement shall commence on June 25, 2026, and shall expire on June 28, 2026. 4. No Bailment: Notwithstanding any other provision hereof, the parking of vehicles in the parking area shall not create a bailment between City and the owner of any vehicle parked in the parking area and City shall not be responsible for loss or damage occurring on or about the parking area to automobiles, vehicles or accessories, or the contents thereof, caused by theft, collision, water, wind storm or any other causes whatsoever. 5. Traffic Control and Signage: City will be responsible for the placement and maintenance of adequate signage at the entrance to the Property noting the availability of City employees parking. 6. No Alternations BN Cite: City shall make no alterations, additions or improvements to the Property other than those approved by TPC. PARKING AGREEMENT -1 7. RiKaht of Entry : City reserves the to enter the Property at all reasonable hours for the purpose inspecting the condition of the parking area and associated roadways leading to the area. 8. Assignment or Sublettinv: This Agreement may not be assigned or subleased without the express written consent of the other Party. 9. Notice. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, sent via e-mail or mailed in the United States mail, addressed as follows: City of Eagle City Clerk's Office Attn: Tracy Osborn P.O. Box 1520 Eagle, ID 83616 clerks a,cityofea lg a org TPC Commercial Holdings II LLC Attn: Caleb Roope 430 East State Street, STE 100 Eagle, ID 83616 Email: calebr@tpchousing.com 10. Complete Agreement: This Agreement supersedes all prior agreements between the Parties concerning the use of the parking area. Any statements, representations, promises, or inducements that are not contained in this Agreement are not valid or binding on the Parties. 11. Governin« Law and Enforcement: This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. The Parties submit to the jurisdiction of Idaho courts and agree that proper venue for any suit concerning this Agreement shall be in the Fourth Judicial District of the State of Idaho, in and for Ada County. 12. Attornevs' Fees: Should any dispute arise concerning the enforcement or interpretation of this Agreement, the prevailing party in such dispute shall be entitled to reasonable attorneys' fees and costs incurred in enforcing or defending this Agreement. 13. Construction of Agreement: This Agreement shall not be construed for or against any party based upon its preparation, but shall be construed as if all Parties, and each of them, jointly prepared it, and any uncertainty or ambiguity shall not be interpreted against any one party. 14. Severability: If any provision of this Agreement shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be impaired or affected in any way. Further, the Parties agree that those provisions, if any, found to be invalid, illegal or unenforceable, shall be modified by the Court, to conform to the most expansive permissible reading under the law. PARKING AGREEMENT- 2 IN WITNESS WHEREOF, the Parties have executed this agreement on June, 2026. CITY OF EAGLE: ATTEST: TPC Commercial Holdings II LLC OF F 1C Tracy Os , City Clerk/Treasurer ' v ��.. S XL TE O'p F .• PARKING AGREEMENT - 3 11 W State St 75 W STATE ST a e 4 O 47 PARKING AGREEMENT - 4 f, EXHIBIT A (Parking Area)