Parking Agreement - 2019 - Epic Shine - 2836 E State St - 5/29/2019RECORDING REQUESTED BY and
WHEN RECORED RETURN TO:
Eagle City Clerk
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER PhD McGrane
BOISE IDAHO Pgs=8 CHE FOWLER
EAGLE CITY
2019-059911
07/U8/2019 04:23 PM
NO FEE
11111111 111111111 111
00644853201900599110080088
For Recording Purposes Do
Not Write Above This Line
JOINT COLLECTIVE PARKING AGREEMENT FOR 2836 E. STATE STREET
This JOINT COLLECTIVE PARKING AGREEMENT ("Agreement"), is made
and entered into on the date indicated herein, by and between Epic Shine II LLC,
hereinafter referred to as "Epic", and Eagle Development Associates LLC, hereinafter
referred to as "EDA" 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, Epic is the owner of record of certain real estate located at 2836 East
State Street, Eagle, Idaho, (Lot 4 Block 1, Yes Subdivision) as shown on Exhibit A
attached hereto and incorporated herein by this reference; and
WHEREAS, EDA is the owner of record of certain real estate located at 2920 East
State Street, Eagle, Idaho, (Lot 19 Block 1, Yes Subdivision) as shown on Exhibit A
attached hereto and incorporated herein by this reference; and
WHEREAS, Epic has requested this Agreement in accordance with Eagle City
Code Section 8-4-4-3; and
WHEREAS, on April 23, 2019, the Eagle City Council approved the use of shared
parking between Lot 4 and Lot 19 with design review application DR -09-16 MOD3 and
WHEREAS, the approved use of the Property (car wash) necessitates five (5)
parking spaces. Epic is providing two (2) on-site parking spaces. The Joint Collective
Parking Agreement provided for herein is for the remaining three (3) required 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:
PARKING AGREEMENT - PAGE 1 of 8
ARTICLE I
CONDITIONS
1.1 EDA hereby agrees that the three (3) parking spaces provided in Lot 19 shall be
shared between Epic and EDA.
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 "Lot 4" shall mean the Property located 2836 E. State Street or
and any future subdivisions of the Property.
(b) The term "Lot 19" shall mean the Property located at 2920 E. State Street
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 Lot 4 and Lot 19.
2.2 Maintenance of Joint Collective Parking Agreement Area. Epic shall be responsible
for maintaining Lot 4. EDA shall be responsible for maintaining Lot 19.
3.1
3.2
ARTICLE III
DEFAULT
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.
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
PARKING AGREEMENT - PAGE 2 of 8
4.1
5.1
the conditions contained in this Joint Collective Parking Agreement, including
attorney's fees and court costs.
ARTICLE IV
ASSIGNMENT AND TRANSFER
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
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 maybe 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
PARKING AGREEMENT - PAGE 3 of 8
Owner, Lot 4:
Owner, Lot 19:
Epic Shine I1 LLC — Dan Abel
2836 East State Street
Eagle, Idaho 83616
Eagle Development Associates LLC
PO Box 1277
Boise, ID 83701
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.
IN WITNESS WHEREOF the parties have executed this Joint Collective Parking
Agreement. OI' F
jL'... V 0 R ... - %
• •
• .'.•4"' •
•
SEAL
,� ••••••••• BY: r._.__. ,
''pie f,ir,,ssos Stan ' idgeway, Mayor
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the
State of Idaho
T EST:
Sharon K. Bergmann, City Jerk
Epic ShrnI LLC
BY• t
Ilan bel
Its -anager
Eagle Devepmentociates
BY:
H. arry Leasure
Its: Manager
PARKING AGREEMENT - PAGE 4 of 5
STATE OF IDAHO
County of Ada
l
:ss.
On thisAl day of May, 2019, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year
TRACY E. OSBORN
COMMISSION #27120
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES
PARKING AGREEMENT - PAGE 5 of 8
Notary P
Residin
My Commis ion Expires:
STATE OF IDAHO
:ss.
County of Ada
On this IA day of May, 2019, before the undersigned notary public in and for the
said state, personally appeared DAN ABEL known or identified to me to be the owner of
Epic Shine II LLC, and the person who executed the foregoing instrument on behalf of Epic
Shine II LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year
first above written.
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STATE OF IDAHO }
Notaiy Public for Icaho
Residing at: T30156
My Commission Expires: 30 KM 'Lp 1i3
PARKING AGREEMENT - PAGE 6 of 5
SS.
County of Ada )
On this 'glia dayof May2019, before the undersigned notarypublic in and for
.�
the said state, personally appeared H. Larry Leasure, on behalf of Eagle Development
Associates LLC, known or identified to me to be the owner of 2920 E. State Street, and the
person who executed the foregoing instrument on behalf of Eagle Development Associates
LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year
first above written.
BRENDA J. KREMPASZKY -
COMMISSION #118841
NOTARY PUBLIC
STATE OF IDAHO
A if/0 544-(
Notary Public for diho I
,►n
Residing at:
My Commission Expires: S„ ) (p f
PARKING AGREEMENT - PAGE 7 of 8
EXHIBIT A
Yes Subdivision
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PARKING AGREEMENT - PAGE 8 of 8