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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)