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519645 PUBLIC PARKING ACCOMMODATION I MITIGATION AGREEMENT BETWEEN GRITMAN MEDICAL CENTER, INC. AND CITY OF MOSCOW, IDAHO THIS PUBLIC PARKING ACCOMMODATION I MITIGATION AGREEMENT (hereinafter "AGREEMENT'') is made and entered into this JS!:-aay of .)a.nuay-/ , 20<:eby and between GRITMAN MEDICAL CENTER, INC. (hereinafter "GRITMAN"); non-profit Idaho corporation, 700 South Main Street, Moscow, Idaho, 83843, and CITY OF MOSCOW, IDAHO (hereinafter "CITY"), a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843. RECITALS: WHEREAS, CITY passed Ordinance No. 2001-22 which resulted in the abandonment of a portion of 8th Street right-of-way located in CITY of Moscow between Washington Street and Jackson Street based upon a number of preconditions to the CITY's fmding that such right-of way vacation was expedient for the public good; and WHEREAS, one of those preconditions to the Council's fmding of public good was an assurance to the Council "that public parking adversely impacted by applicants' [GRITMAN' s] proposed vacation shall be adequately addressed because availability of public parking in the downtown business area is at a premium and WHEREAS, the accommodation/mitigation regarding public parking adversely impacted was also based upon the Agreement of June 27, 2002 made between GRITMAN and CITY (hereinafter "June 27, 2002 Agreement"), providing that all of the parking spaces in the Jot to be built on the south side of the expanded hospital and the lot bounded by Highway 8, Lewis Street, and Washington Street (shown as Lot 1 and Lot 2, respectively, of the Exhibits to the June 27, 2002 Agreement) were to remain open to public parking; and WHEREAS, the June 27, 2002 Agreement required that, if GRITMAN were to cause any of the parking spaces in Lot 1 and Lot 2 to no longer be open to the public, such spaces should be replaced by GRITMAN on a space for space basis; and WHEREAS, GRITMAN's public parking accommodation I mitigation resulted in the Council's subsequently determining that GRITMAN complied with the terms of the June 27, 2002 Agreement; and WHEREAS, CITY hereby acknowledges that GRITMAN has continued to comply with both the June 27,2002 Agreement of June 27,2002 and with Ordinance No. 2001-22; and WHEREAS, the parties now agree that certain portions of the June 27, 2002 Agreement should be modified in order to recognize changed circumstances; and WHEREAS, CITY affirms that the net loss of parking spaces which occurred as a result of the vacation of 8th Street right-of-way consists of twelve (12) public parking spaces; and AGREEMENT- GRITMAN I CITY OF MOSCOW PARKING PAGE10F3 2008-02 ---PAGE BREAK--- 519645 WHEREAS, the conditions of the June 27, 2002 Agreement require the provision of the twelve (12) spaces for public use in perpetuity; and WHEREAS, because such preservation of the twelve (12) parking spaces meets and will continue to meet the preconditions contained in Ordinance No. 2001-22; and WHEREAS, because such public parking accommodation I mitigation and other conditions of Ordinance No. 2001-22 continue to be for the public good; and WHEREAS, should the AGREEMENT herein or its terms, as modified, fail to continue, the parties hereby specifically agree that this AGREEMENT shall be null and void and that all of the conditions contained in the June 27, 2002 Agreement shall be automatically, without further action in law, renewed and in effect; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Findings: The parties, for and in consideration of the mutual covenants and conditions contained herein, hereby agree to (and the Council hereby specifically fmds) the following: a. GRITMAN has met and continues to meet public parking accommodation I mitigation preconditions to the CITY's fmding that the gth Street right-of-way vacation is expedient for the public good; b. That the conditions contained in this AGREEMENT are in conformance with Ordinance No. 2001-22 and are in the public good; c. That this AGREEMENT and its conditions continue GRITMAN's assurance to CITY that the public parking adversely impacted by GRITMAN's vacation of the gth Street right-of-way are adequately addressed and preserve the availability of public parking in the downtown business area, which parking is at a premium. d. Specifically, the preservation of twelve (12) parking spaces located on the southern half of GRITMAN's Lewis Street parking Jot in perpetuity is in conformance with the public parking accommodation I mitigation preconditions to the CITY Council's fmding that the gth Street right-of-way is expedient for the public good and such preservation is in conformance with Ordinance No; 2001-22. 2. Perpetual Public Parking Lease Terms: a. GRITMAN hereby assigns to CITY in perpetuity in GRITMAN's lot south of Lewis Street, the complete and unrestricted access to and use of the twelve (12) parking spaces depicted on Appendix A of this AGREEMENT (consisting of seven parking spaces in the southernmost row of spaces and the easternmost flve parking spaces in the adjoining row) for the purpose of providing parking for members of the public. b. GRITMAN and CITY agree to be legally and fmancially responsible for upkeep and maintenance (including snow removal), for repair, and for legal liability on their respective parking spaces. AGREEMENT- GRITMAN /CITY OF MOSCOW PARKiNG PAGE20F3 ---PAGE BREAK--- 519645 c. Upon execution of this AGREEMENT, GRITMAN and CITY may install parking signage on their respective spaces as they see fit and at their own expense. d. The terms in Section 2. may be modified by mutual agreement of the parties. 3. Conditions: Should the AGREEMENT herein or its terms, as modified, fail to continue, the parties hereby specifically agree that this AGREEMENT shall be null and void and that all of the conditions contained in the June 27, 2002 Agreement shall be automatically, and without further action in law, renewed and in effect; 4. Subject to paragraph 3 of this AGREEMENT, the terms of this AGREEMENT supersede and amend those of the June 27, 2002 Agreement. IN WITNESS WHEREOF, the parties hereto set their hands. , UX>6 DATED this I day ofÚ. CITY OF MOSCOW, IDAHO GRITMAN MEDICAL CENTER, INC. STATE OF IDAHO ) ) ss: COUNTY OF LATAH ) On this 4 day of December, 2007, before me, a Notary Public in and for said State, appeared Jeffrey Mart· \ Û1f2:e to be the person named above and acknowledged that h executed t.'Ie forego' 'AIJ!r- duly authorized representative for Gritman Medical C er, Inc . r " $ 0 % ? t:t. if\: : \ r: - o- \-\_At8LtC i f 0 # tOJ>.. 111111111\\\\ I CITY OF MOSCOW PARKING Notary Public Residing at My commission expires PAGE30F3 ---PAGE BREAK--- Ci) " - APPENDIX A Washington Street Scale: 1"=30'