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Home My WebLink About011 - Appendix J - DRAFT Off-Site Parking Agreement Page 1 of 5 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 ___ day of ________________, 20__, by and between [PETERSEN HOLDINGS LLC] located at [No Address - BOZEMAN ORIGINAL PLAT, S07, T02 S, R06 E, BLOCK D, S80' LOTS 20 & 21 LOTS 22 & 23 LESS ST 10'X70' IN NE CORNER OF LOT 22 PLAT C-1 PLUS VACANT STREETS LESS & LOT 24] hereby referred to as “Owner” or “Grantor,” and [302 EAST MENDENHALL LLC] located at [302 East Mendenhall Street] 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. [PETERSEN HOLDINGS LLC] is the owner of property whose legal description is [BOZEMAN ORIGINAL PLAT, S07, T02 S, R06E, BLOCK D, S80' LOTS 20 & 21 LOTS 22 &23 LESS ST 10'X70' IN NE CORNER OF LOT 22 PLAT C-1 PLUS VACANT STREETS LESS & LOT 24], hereby referred to as “Owner’s Property” and whereas [302 EAST MENDENHALL LLC] is the owner of said property whose legal description is [BOZEMAN ORIGINAL PLAT, S07, T02 S, R06 E, BLOCK D, PARCEL A PLAT C-1-H] and it is [Grantee]’s desire to use Owner’s Property to meet the parking requirements of the City of Bozeman for application [24-147] (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 46 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 46 parking spaces so licensed meet all applicable Page 2 of 5 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 perpetual, shall run with the land, and shall be binding upon the heirs, successors and assigns of the Owner and SBI hereto 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 Page 3 of 5 OWNER/GRANTOR [PETERSEN HOLDINGS LLC] _____________________________ by [Christopher Petersen] [Manager/Member] STATE OF MONTANA ) )ss. County of Gallatin ) On this ____ day of ___________________, 20___, before me, the undersigned, a Notary Public for the State of Montana, personally appeared ___________________, 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 [Christopher Petersen]. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ___________________________________ Notary Public for the State of Montana Printed Name: _______________________ Residing in __________________________ My Commission expires _______________ Page 4 of 5 GRANTEE [302 EAST MENDENHALL LLC] _____________________________ by [Matt Paine] [Member/Manager] STATE OF MONTANA ) )ss. County of Gallatin ) On this ____ day of ___________________, 20___, before me, the undersigned, a Notary Public for the State of Montana, personally appeared ___________________, 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 [Matt Paine]. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ___________________________________ Notary Public for the State of Montana Printed Name: _______________________ Residing in __________________________ My Commission expires _______________ Page 5 of 5 THE CITY OF BOZEMAN _______________________________________ BY: ERIN GEORGE, 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)