Parking Agreement - 2001 - Old Town 1/222 E State/135 N 2Nd/50 N 2Nd/Parking 2001 - 3/28/2001
Recording Requested By and
When Recorded Return to:
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200\ MR 28 AM 8: 55
RECORDED-REQUEST Of
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Sharon Moore - Eagle City Clerk
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
PARKING AGREEMENT
This Parking Agreement, made and entered into this U day of~, 2001, by
and between the City of Eagle, a municipal corporation in the State ofIdaho ("Eagle"), by and
through its Mayor, and Old Town 1, LLC ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 222 E.
State Street, 50 N. 2nd Street and 135 N. 2nd Street, Eagle, Idaho, ("Properties"); and
WHEREAS, the intent of this Parking Agreement is to assure the parking spaces which have
been provided at 135 N. 2nd Street for 222 E. State Street and 50 N. 2nd Street continue to be
provided in the event any ofthe properties change ownership.
ARTICLE I
CONDITIONS
1.1 Owner hereby agrees that six (6) parking spaces for 50 N. 2nd Street shall be provided on the
property located at 135 N. 2nd Street. Q""~ ,D\
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1.2 Owner hereby agrees that ~ ~ parkiñg špaces for 222 E. State Street shall be provided
on the property located at 135 N. 2nd Street.
1.3 If any change of the Properties 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 4.1 below shall be required.
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ARTICLE II
DEFAULT
2.1 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, without prejudice
to any other rights or remedies, to cure such default or enjoin such violation and otherwise
enforce the conditions contained in this Parking Agreement.
2.2 Ifrequired to proceed in a court of law or equity to enforce any provision ofthis
Development 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 (on each ofthe three Properties). Each condition
herein shall be a burden on the Properties and shall run with the land. This 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 IV
GENERAL MATTERS
4.1 Amendments. Any alteration, change, or termination of this Parking Agreement shall be made
only after written approval by each property owner and the City of Eagle.
4.2 Paragraph Headings. This Parking Agreement shall be construed according to its fair meaning
and as ifprepared 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.
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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 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 15207
Eagle, Idaho 83616
Owner:
Mark L. Butler, President
Old Town 1, LLC
P.O. Box 314
Eagle, Idaho 83616
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt ifby 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 ofa fully executed copy of this Parking Agreement.
IN WITNESS WHEREOF, the parties have executed this Parking Agreement.
DATED this.'kL dayof~, 2001.
ATTEST:
Ji ~Q -\( %C9-7~
v Sharoñ Moore, City Clerk \
DATED this ~y of~ ~, 2001.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
By:
--_"_n .--. -... _u_- -
B~~,!J~~wn 1, LLC
STATE OF IDAHO)
: ss.
County of Ada)
On this:J.1 day of ~ch ,2001, before the undersigned notary public in and for
the said state, personally appeared RICK YZAGUIRRE, known or identified to me to be the
Mayor ofthe 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.
'T'1o. TLc"""'"
IN WI 1 T~ have hereunto set my hand and seal the day and year first
aoove~{.l At1~~ . \ 1,A"'E.~
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STATE OF IDAHO)
: ss.
County of Ada)
On this / '5~y of ~cL, 2001, before the undersigned notary public in and for
the said state, personally appeared Mark L. Butler known or identified to me to be the president
of Old Town 1, LLC owner of the properties referenced herein and the persons who executed the
foregoing instrument.
IN WIlNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
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