HomeMy WebLinkAbout13 Offsite Parking Agreement After recording return to:
Bozeman City Clerk
PO Box 1230
Bozeman MT 59771
OFF-SITE PARKING SPACE LICENSE AGREEMENT
This License Agreement is made this 12th day of May. 2023, by and between Christ the King
Lutheran Church located at 4383 Durston Road, Bozeman MT 59718 hereby referred to as
"Owner" or"Grantor," and Viviana Helvick and The Little Spanish Preschool located at 130
Flanders Mill Road, Bozeman MT 59718 hereby referred to as "Grantee" and with consent of the
City of Bozeman, PO Box 1230, Bozeman MT 59771 to meet parking requirements of the City
of Bozeman.
For valuable consideration, the receipt of which is hereby acknowledged, the Owner and Grantee
agree as follows:
1. Christ the King Lutheran Church is the owner of property whose legal description is
MINOR SUB 253, S03, T02 S, R05 E, Lot 1, ACRES 8.969, hereby referred to as
"Owner's Property" and whereas Viviana Helvick and The Little Spanish Preschool is the
owner of said property whose legal description is S03, T02 S, R05 E, C.O.S. 2360,
PARCEL 1, ACRES 1.088 and it is Viviana Helvick and The Little Spanish Preschool's
desire to use Owner's Property to meet the parking requirements of the City of Bozeman
for Application# (the "Project").
2. Owner grants to Grantee for its benefit and that of its successors and assigns an
irrevocable easement, right and license for the exclusive use of 6 parking spaces on
Owner's Property ("Licensed Parking Spaces") for the purpose of meeting the parking
requirements of the Project ("License"). The City consents to the License granted herein
provided the 6 parking spaces so licensed meet all applicable requirements of the
Bozeman Municipal Code, Chapter 38 for the Project during the term of the License.
3. All parties recognize the significant legal implications of this License Agreement and
have consulted legal counsel prior to signing. This License Agreement shall be for one
year, will be revised yearly for the Duration of Operation of The Little Spanish
Preschool, and must be recorded in the records of the Gallatin County Clerk and
Recorder. This License Agreement may be terminated or modified and the License
granted herein revoked only by prior written consent of the Grantee and the City's
Director of Community Development ("Director") by a document filed in the records of
the Gallatin County Clerk and Recorder.
4. The City reserves the right to require Grantee to provide parking spaces at a different
location(s) to meet the parking requirements of the Project if at any time the Director
determines, in his sole discretion, the Licensed Parking Spaces do not meet the applicable
site plan criteria or other applicable requirements of the Bozeman Municipal Code
(BMC) for the Project. Failure to do so will constitute noncompliance with the site plan
approval for the Project.
In such a case, Grantee agrees it will, within six (6) months of the date of the Director's
determination that all or a portion of the Licensed Parking Spaces no longer meet the
applicable site plan criteria or other applicable requirements of the BMC, provide
alternative parking spaces to the satisfaction of the Director or pay cash-in-lieu of parking
(as provided for in 38.540.050, BMC) at the amount set by the City at the time of the
Director's determination the Licensed Parking Spaces no longer meet the applicable site
plan criteria or other applicable requirements of the BMC.
5. Each person signing this License Agreement represents and warrants that he is fully
authorized to execute this License Agreement on behalf of the entity on whose behalf
such individual has signed this License Agreement, and that by signing this License
Agreement such entity will be bound by the terms contained herein.
END OF DOCUMENT EXCEPT FOR SIGNATURES
OWNER/GRANTOR
Chri the King Lutheran Church
o1.�
BY. DAWN P. BY D,
Facility Manager
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of /461(,t4 , 20 a 3,before me, the undersigned, a Notary Public
for the State of Montana, pers6ally appeared IL Jam. Ley►tea( , and the person who name
is subscribed to the within instrument, and acknowledged to me that they executed the same for
and on behalf of Christ the King Lutheran Church.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year fi st above writte .
No't4y Public for the State of Montana
Printed Name: Va,. Lei L e!:j p
Residing in
My Commission expires
KALLI LEEP
Notary Public
aOTARlq for the State of Montana
*'.SEAL '*` Reaiding at:
,cry Belgrade, Montana
%9 My commission Expires:
'',,,,.,,,,,,•.,,,." February 12,2024
GRANTEE
Viviana 116i 11 The Little Spanish Preschool
ANA ELVIK,
STATE OF MONTANA )
)ss.
County of Gallatin )
On this jq_day of , 2093, before me, the undersigned, a Notary Public
for the State of Montana, pers6nally appeared Vi�(iaAA- PCIV!Ik , and the person who name
is subscribed to the within instrument, and acknowledged to me that they executed the same for
and on behalf of Viviana Helvik and The Little Spanish Preschool.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above writt
'6&'
Notary Public for the tat of Montana
Printed Name:
Residing in
My Commission expires
KALLI LEEP
Notary Public
�,otnRrA4 for the State of Montana
Residing at
=, ;.SEALS,= Belgrade, Montana
N My Commission Fpires.
'' February
THE CITY OF BOZEMAN
BY: ANNA BENTLEY,
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of 20 , before me, a Notary Public for the State of
Montana, personally appeared Anna Bentley, known to me to be the person described in and who
executed the foregoing instrument as Director of Community Development for the City of
Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he
executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
(SEAL)
(Printed Name Here)
Notary Public for the State of Montana
Residing at
My Commission Expires:
(Use 4 digits for expiration year)