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2. Motion to Approve Parking License - Keno Inn Parking LotCity of Kalispell E Post Office Box 1997 - Kalispell, Montana 59905_1997 - Telephone L4061758-7700 Fax (406)758-7758 REPORT TO: s SUBJECT: MEETING DATE: BACKGROUND: The Honorable Mayor Pamela B. Kennedy and City Council Susan Moyer, Community Development Director James H. Patrick, City Manager Keno Parking Lot, Second Avenue West December 6, 2004 At the time staff negotiated the purchase of the old Keno Inn site for use as a replacement parking lot, an agreement was reached that the former owners would be allocated in perpetuity four parking spaces in the new lot. The reason for this is that they were in the process of creating a new commercial business with a second floor residential area on a small site that had stood vacant for many, many years due to inadequate space for parking. The contract before council this evening is simply a housekeeping item which will allow this project to be completely closed out. RECOMMENDATION: Council approves the contract and authorizes staff to record the document with the county. FISCAL IMPACT: ALTERNATIVES: Respectfully submitted, Susan Moyer, Director Community Development None. As suggested by Council. Date Memo Prepared: November 18, 2004 James H. Patrick, City Manager PARKING LICENSE THIS LICENSE to use certain described city owned property for parking purposes only is given by the CITY OF KALISPELL, Licensor, to MICHAEL T. MCFARLAND and MARY L. MCFARLAND, Licensee, on this day of December 2004, for good and valuable consideration received. Property Description: Beginning at the southeast corner of Lot 16, Block 54, Kalispell original town site located in Section 18, Township 28N, Range 21W, P.M.M., Flathead County, Kalispell, Montana, thence northerly on the easterly boundary line of said Lot 16, a distance of 43.7 feet, thence westerly and parallel with the southerly boundary line of said lot 16 a distance of 19.5 feet, thence southerly and parallel with the easterly boundary line of said Lot 16 a distance of 43.7 feet to a point on the southerly boundary line of said Lot 16, thence easterly on the southerly boundary line of said Lot 16 a distance of 19.5 feet to the point of beginning. Consideration: Licensee agreed to sell certain real property that included the above -described property, to the Licensor upon the condition that Licensee receive a license to use some portion of the sold property for parking upon the terms set forth herein. Purpose and Use of License: The property above -described, consisting of 4 parking spaces, may only be used by Licensee or its successors for vehicle parking to benefit the commercial purposes of that property located at 230 First Avenue West, Kalispell, Montana. Duration of License: This license shall remain effective so long as the property located at 230 First Avenue West, Kalispell, Montana is used for commercial purposes, which shall be defined as those purposes of a business, commercial or retail nature that requires regular onsite customer service that anticipates the need for customer parking. Assignability: Licensee may assign this license only to such person or legal entity that succeeds its interests in that property located at 230 First Avenue West, Kalispell, Montana. DATED this day of December 2004. CITY OF KALISPELL By: Jaynes H. Patrick, City Manager PARKING LICENSE Page 1 of 2 STATE OF MONTANA ) ): ss County of Flathead ) On this day of December, 2004, before me, a Notary Public in and for the State of Montana, personally appeared James H. Patrick, known to me to be the City Manager of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at My Commission Expires PARKING LICENSE Page 2 of 2