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Home My WebLink About24 - Restrictive Covenants - Family Promise of Gallatin Valley - 100 Discovery Way and 20 Cornerstone Drive 2823292 Page: 1 of 4 04/03/2024 02:06:16 PM Fee! $32.00 Eric Semerad - Gallatin County, MT MISC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII(IIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII Original to: City of Bozeman Attn: City Clerk PO Box 1230 Bozeman,MT 59771-1230 DECLARATION OF RESTRICTIVE COVENANTS This Declaration is made this ;ll day of 1 ' 'af ,20gFamily Promise of Gallatin Valley,a non-profit organization located at 1603 Tschache Lane,Bozeman,Montana 59718 ("Declarant"). RECITALS A. Declarant owns certain real properties located 100 Discovery Way and 20 Cornerstone Drive,Bozeman, Montana 59718, collectively referred to as the"Property"and more particularly described as follows: Parcel I: Lot 4 of the final plat of Genesis Business Park subdivision, Gallatin County, Montana,according to the official plat thereof on file and of record in the plat office of the County Clerk and Recorder of Gallatin County,Montana. Parcel H: Lot 5A of the amended plat of lot 5 and lot 6 of Genesis Business Park subdivision, Gallatin County,Montana, according to the official plat thereof on file and of record in the plat office of the County Clerk and Recorder of Gallatin County,Montana. B. It is the intent of the Declarant to meet the conditions of the Grant Agreement(the "Agreement"),dated as of ,by and among Family Promise of Gallatin County ("Family Promise of Gallatin Valley"), the City of Bozeman,Montana(the"City"), and Declaration of Restrictive Covenants 1 2823292 Page 2 of 4 04/03/2024 02.06.16 PM Declarant, in relation to the development of the Family Promise of Gallatin Valley project(the "Project") on the Property; and C. Declarant agrees that it receives a significant benefit from the Grant Agreement, as Christel Chvilicek or such other individual as Family Promise of Gallatin Valley shall designate in writing; and D. To satisfy the requirements of the Grant Agreement, the Declarant desires to place covenants, conditions and restrictions upon the Property for the use and benefit of Declarant, Family Promise of Gallatin Valley and the City. NOW, THEREFORE,Declarant hereby declares: 1. Provision of Income Restricted Housing. a. Declarant agrees to provide an emergency shelter and transitional housing campus which will include ten family shelter units, nine workforce housing units, and ten transitional housing units (the "Affordable Units") in the Project will be restricted for a period not less than 30 years for use as housing affordable to households with incomes equal to 60% of the area median income ("AMI"), as reported annually for single persons and households of various sizes by the United States Department of Housing and Urban Development, or by any successor United States Government department, agency, or instrumentality, for the Primary Metropolitan Statistical Area which includes the City. b. If the Property is sold on or before ten(10)years from the date of the Agreement, the Grantee must inform the City of the sale and must return the grant funds of$400,000 to the City. The Bozeman City Commission, in its sole discretion, may forgive payment, accept a lessor amount, or permit any other alternative or relief in lieu of the repayment requirement. 2. Prohibition on Use as Short Term Rentals. The Affordable Units are prohibited from being used, rented, or made available as short-term rentals, as the term is defined in the Bozeman Municipal Code. 3. Term. This Declaration shall remain in place and be enforceable for a term of 30 years from the date hereof and shall inure to the benefit of Declarant, each owner of property,the City, and their respective legal representatives,heirs, successors, or assigns, subject to the right of amendment provided herein. 4. Amendment. This Declaration may not be amended without the prior written approval of the Bozeman City Commission. Any amendment shall become effective only upon the filing of such amendment in the records of the Clerk and Recorder of Gallatin County, Montana. 5. Enforcement. The Declarant, the City, or any owner of real property within the Property may take action to enforce the provisions of this Declaration. Enforcement may be by injunction, declaratory judgment, action for damages, or any other legal claims, all of which shall be cumulative and non-exclusive. The prevailing party in any action shall be entitled to recover, Declaration of Restrictive Covenants 2 2823292 Page 3 of 4 04/03/2024 02.06.16 PM in addition to other damages, its reasonable litigation expenses, including attorney's fees, as may be awarded in the judgment of the court. 6. Covenants to Run with the Land. The Declarant intends that the terms of this Declaration shall with the land and shall continue in effect with respect to the entire Property notwithstanding any partition or division of the Property. 7. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions,which shall remain in full force and effect. 8. Choice of Law and Venue. This Declaration of Covenants, Conditions, and Restrictions shall be governed by the laws of Montana and venue shall be in Gallatin County, Montana. IN WITNESS WHEREOF the DECLARANT has signed this instrument and arranged for its recordation in the real property records of Gallatin County, Montana. FAMILY PROMISE OF GALLATIN VALLEY By: Title: kec ��(p, t'r2,C, VOy' STATE OF HGn-Vo.vv,-. ) COUNTY OF 61M n ) This instrument was signed or acknowledged before me on 3 $ Oa by C ;y-ps 5:x('1. iue l-A, GtyMu, PFOYANSL of (na.�Ia.�er, 1Jc�.11�M Y MUTCH Print Na e: ! Vkxrinc,,P, `'P,EP TOy Notary Public Not ublie for the ate of NOTAR/,q�. :for the State of Montana ' Residing at: Residing at �3zuvM' -r\ , - .SEAL Bozeman, Montana My commission expires z7c, %;9 •. .• P,; My Commission Expires: OF M� May 23,2027 Declaration of Restrictive Covenants 3 2823292 Page 4 of 4 04/03/2024 02.06.16 PM Acknowledged by: CITY OF BOZEMAN By: Chuck Winn,Acting City Manager ATTEST: � � Mike Maas, City Clerk •1883 S� STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) This instrument was signed or acknowledged before me on ' 3 20Z q by Chuck Winn and Mike Maas, acting in the capacities of Acting City Manager and City Clerk, respectively, of the City of Bozeman,Montana. iu ' JULIE HUNTER '�J`. 6A RIAL S Q Public P e ame: i 2 for the State of Montana t ublic for the State of�► *: —— *_ Residing v /VV�CVtti- N�;.SEAL:=Q Bozeman, Montana R lding attana My Commission Expires: My commission expires June 11,2025 Declaration of Restrictive Covenants -4 -