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Return to: City of Missoula 435 Ryman Street Missoula, MT 59802 CITY OF MISSOULA PUBLIC WORKS/ENGINEERING DIVISION 435 Ryman Street, Missoula, Montana 59802-4297 Phone (406) 552-6345 Fax (406) 327-2125 Memo of Understanding I/We, , the permittee, understand and agree to the following conditions regarding the utilization of a portion of the public right-of-way adjacent to (address) , further described as (legal description) for the purpose of business private parking that will primarily serve the adjacent or nearby business. See attached Exhibit A. APPROVAL FOR POSTING PUBLIC RIGHT-OF-WAY FOR PRIVATE PARKING The City Engineer, or a designated agent, is authorized to grant revocable approval to post acceptable signage for the portion of the public right-of-way, as described in the attached exhibit, for private business parking. This approval shall be a revocable privilege signed and acknowledged by the permittee whereby the permittee recognizes that the approval is revocable by the City at any time upon thirty (30) days notice to the permittee and whereby the permittee recognizes that the City retains its right to use and to access the public right-of-way subject to this approval. The permitee must, as part of the approval process covenant to remove all signing, at the permittee's sole expense, upon the receipt of such revocation or termination of the parking use. AUTHORITY The City Engineer has authority under MMC 10.22.040 and 10.22.070 to mark parking zones CONDITIONS: Applicable to utilization of a portion of the public right-of-way for parking to serve a private business. 1. The parking area located within the public right-of-way must be constructed to City Engineering Standards and Specifications. 2. Signs and mountings shall be subject to the approval of the City Engineer prior to installation. 3. All Missoula Municipal Codes regarding parking on the public right-of-way shall be applicable. 4. It is recognized that this area remains public right-of-way. The permitee may not tow, fine, incapacitate, block or otherwise penalize unauthorized vehicles that are parked within the area shown in Exhibit A. 5. This Memo of Understanding will be made null and void if the use for which the approval was given is changed. Binding Effect This Memo of Understanding, which shall be recorded at the Missoula County Clerk and Recorder’s Office, is binding upon the heirs, executors, personal representatives, assigns and successors of the parties hereto and shall run with the land. DATED this day of , 2009 . STATE OF MONTANA ) ) ss. County of ) On this day of , 2009, before me, the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day and year in this certificate first above written. (SEAL) Printed Notary Name: Notary Public for the State of Montana, Residing at Montana. My Commission Expires: . MM/DD/YYYY