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Home My WebLink About14 - Bozeman Parking Commission and G25 Holdings, LLC - 25 East Mendenhall Street Vyt e�o f� PLEASE _. AFTER RECORDING Scoft Let Parking Manager,City of Bozeman PO Box 1230 T 59771-1230 KA BOZEMAN PARKING COMMISSION THIS AGREEMENT made and entered into this7thday of March 2014 by and between the BOZEMAN PARKING COMMISSION, an entity of the City of Bozeman, createdr t to CityResolutions 1 , 1839, and 3803 and formed under the laws of the State of Montana, vAth a mailingr , MT 59771 (the "Parking i i " and G25 Holdings, LLC (hereinafter I"), with an addressrBridge Bozeman, iliaddress Cameronri , Bozeman, MT 59718. WHEREAS, the City of Bozeman is the recipient _of a Congressional appropriation i ruction of the Bridger Park Downtown Intermodal Facility (Bridger Park); and WHEREAS, the Parking i _Commission Is ti chargedthe regulation of parkingin the Cityis authorizedlaw to enter into lease and rental agreementsr the long term use of the BrIdgerPark. considerationNOW THEREFORE, In I promises and consideration hereinafterribed, and other valuable consideration, the receipt ii whichre hereby acknowledged, the partiesr l Page 1 of . PjAEUM. The Hotel desires to use parking_ in the ri _ r Park for th l purpose of providing i r the Hotel, l II Street, i r ishall be for the use of the Hotel, including without limiting, its owners, employees, guests, invitees, suppliers. This Agreementr iParking Commission ari I to use such parking . 2. This AgreementII be executediv no later than Final Site Planapproval from i CommunityJopment. The term of lease for parking spaces as providedr herein shall commence later than the issuance of a certificate the City of Bozeman BuildingDivision. lease issued hereunder shall be in effect r no less than 25 yearsr lease of parkingparties renew thisr lease issued hereunderfri O additionalfiv year periods upon writtenrequest by the Hotel. The Hotel may notterminate i Agreementi prior written consent of the ParkingCommission, i Commission may noterminate is Agreement unlessc i i is required by law. Notwithstanding _ above, unlessotherwise_ authorizedParking_ Manageri ., 4 writing, this r t shall terminate aut ti II I the final site plan approval for the Hotel, if granted by the City of Bozeman, lapse pursuant to the requirements f 38.19.120.E, BIVIC buti ll this Agreementremain i effect including the obligationf the ParkingCommission lease parking under this AgreementI tI not obtainbuilding i tom the City of Bozeman within two (2) years of the effectivei r . In addition, this Agreementshall terminate if a buildingpermit is issued within ( ) years effectivethe this r final occupancy permitis not issued City of Bozeman due to no faultl within four O years of the effective of this Agreement. Th - i . mmission shall make available to the Hl no moretKan Sixty ( ) spa, esir the sole providing pari ter ;vT . Hotel on a 24-hour basis. The ParkingCommission II request, provide the Hotel notice of { parkinghow many Page 2 of 7 spacesre available on or before December _31 each year. In iti t _the above, Parkingthe i i I provide repair and maintenance, including w limiting, r ' i removal, striping, and pothole/crackrepair during normal business hours. Hotel _shall pay the_ Parking iins—.4 bulk rate of thirty one d o,II a r s a n d f i t o( 1. ) r month per space upon commencement of the lease as set forth ?n..., rph2. The ParkingCommission may increase the rate withoutprior noticeI basis in accordancei iCommission policy. Such policyrequires rates to be establishedin compliancei t Agreementi in Section , below. The ParkingCommission chargerefundable i l costs of replacementr AVI access cards. , The Hotelrecognizes i constructedBozeman ri r Park withi rough a Congressional appropriation as administered i Transportation's Federal Transit AdministrationProject - - . In addition, the Hotel recognizes iannually r into an agreementi FTA calledr Agreement ( ), October , ) (Exhibit . In its use of parking under this r l shall take no actionwhich would adverselyfederal interest i ri r Park and shall at alli use the parking in a manner that complies witht Agreement. Further the Hotelrecognizes the Citymaintain of continuing r l over the Bridger Park and that thereinterference i transit i revenue II in excess of operationmaintenance costs are to be committedr i i I! transportation i . HotelThe agrees the ParkingCommission rules, r lti , and administrative directives for the reasonable r ion of the Bridger Park. The Hotel shall abide by all such rules, regulations, and dit i . 6. i M: This documentcontains_ _ the entire agreement partiesbetween the , promises ori i r party r agents of either party not contained in this" written Agreement may be considered valid r binding, Thisenlarged, modified or altered rltten agreement signedi r ! may not subcontract r assign its rights I i r this Agreement withoutri r written consent of ParkingCommission. Page 3 of 7 7. The Hotel acknowledges it is required, City' ifI I r 38, , to provide r !ng spaces for Hotel uses. The Hoteli is Agreement to satisfy portionsome Its r ing requirement. As such, thisr i revocable Iy with the priorwritten approval of the appropriatereview authority. 8. i ® _ i Agreement and any extensionsr_ f shall be governed construed in accordance withlaws of the State . 9. N2n:dJAgLLMJaAMM. The Hotel "shall not discriminatein the fulfillment _ _i Agreementi race, color, lii rmarital status, national origin, or actual or perceived sexual orientation, identity r disability. 10,J0dMMnffJ2AU2nLdg&dALMJ=. The Hotel agrees to the fullest extent permitted by law, to defend, indemnify, and hold the ParkingCommission i Bozeman including theit officers, agents, and employees, the Intermodal Commerce Condominium i i its individual i Ii Marketplace ! i Association its individual it Owners harmless against claims, demands, proceeding, suits, damages, losses, and expenses including attorney fees and costs connected therewith that may be asserted or claimedi , recovered fromr suffered by any of the abovereason of any injury rloss, including but not li ito, personal injury, i l i it injury or property , or otherinjury r loss of any kindoccasioned growing , or in any way arisingr resulting r intentional, I r negligent act on the part of the Hotel, its ownersr employees whileusing BrIdger Park, and those , invitees, li r , lessees, licensees, , patrons, i r , or authorized ri r Park pursuantterms i The Hotel on behalfits lessees, licensees, guests,_ patrons, _employees, officers, herebyand agents, i II claims and recourse againstParking Commission, the City Bozeman, including its officers, the l Commerce CondominiumAssociation its individual i r , Mendenhalland the Marketplace CondominiumAssociation its Individual i t Ownersincluding the right of contributionr loss or damage to personr property including loss of use arisingr r i , or in any way connected withr incident i "responsibility for his fraud, for willful injury the personr property of another, or for violation of law, whether ill ( ornegligent" r 28-2-702, MCA, Nothing containedin this paragraph Il be construed as the Hotel waiving any claimsrecourse against Page 4 of 7 the Parking_ Commission, the City , including its officers, _agents r employees for a breach of thisAgreement. Should the Parking i ! , the Citythe Intermodal Commerce Condominium i f include its individual Uni r , or the Mendenhall r !ace CondomiiAssociation include its Unit Ownersit bring i i t the Hotel to assert its right to defense or indemnification under this Agreemententities ii be entitledrecover its reasonable incurred in assertingits right indemnification r defense but onlyif a court of competent jurisdictiondetermines obligated l i ( r was obligatedindemnify the aboveentities r { r any portion(s) thereof. The obligations of this i i ( )) shall survive terminationi Agreement. 11 . In addition independent_ from requirements i ' the shallHotel secure insurance v in a form acceptable to the Parking Commission r i Parking i ion an accompanying certificate insurance issued by a company authorizedi in the Statei amounts not less than as follows; • istatutory f • i Liability - $1,000,000 per occurrence; i aggregate Commercial r I Liability - $1,000,000 per occurrence;_ $2,000,000 annual aggregate Automobile i ili - $1,000,000 propertydamage/bodily injury; aggregate$2,000,000 annual The Parking_ Commission, -City of Bozeman, and their officers, agents, and employees, shall be endorsed as an additionalinsured rinon-contributory basisr l and AutomobileLiability li i , The insurance required r in a formi I include no less than a thirty (30) day notice of cancellationnon-renewal. The Hotel must demonstratei satisfaction insurance r is in place and is providedIn a manner acceptable ! including endorsementsri l using any parkingi rishall grantity the authority to require l to use the servicesspecific Insurance r i r. Page 5 of 7 . The partiessigning Iow hereby represent rt rr that they are dulyauthorized to signi r if of the entities. , This AgreementII be recorded in the files Gallatin my Clerk Recorder. Allc recording II be borney the Hotel. A copy of this recorded r II be providedParking r. Executed as of the date first set forth Pathiog'CommkEftn'": p � Lee, Parking »Mainer CountySTATE OF MONTANA of Gallatin ) This instrument cn Iedged beforeMarch, 2014 by Scott Lee, as ParkingManager for t i f Bozeman, Montana. x a ' fit J� Bob Rlsk Notary Public Notary Public for the State of Montana .%OTAfi6 �°.�for the State of Montana ry 9Residing at: Printed Bozermn,Montam My mml on I Residing in ��4I June oa,Fq2 My Commission Expires: HOLDINGS, LLC, a Montanalimited_ liability company: 4 Ashler Ogi , Member STATE OF MONTANA County of Gallatin ) This instrument n_ Iedged befor the Tay of_March, AshleyI r of G25 Holdings, r and on behalf Holdings, . Page 6 of PublicL Notary for I St e of Montan NOTARY RaicPrintedF State Residing i s mm iss on Explores Page 7 of 7 ern{t�,ft� Bozeman Parking Commission PO Box 1230 Bozeman, MT 59771 Jeremy leFeber Berg, Lilly & Tollefsen 1 West Main Street Bozeman, MT 59715 Response to your letter dated March 18, 2014 The Bozeman Parking Commission (BPC) has met and discussed your letter on behalf of your clients G25 Holdings, LLC expressing their wish to obtain a right to lease the basement parking spaces previously assigned to the Etha Hotel project should that entity terminate their lease agreement. Their lease includes the same language as the one executed with the G25 Holdings; LLC, which gives them two (2) years from the date of the lease agreement to obtain a building permit, and four (4) years from the date of the lease agreement to receive a final occupancy permit. The lease was executed on August 21, 2013. After discussing the matter, the BPC has designated Scott Lee, Parking Manager for the City of <<< Bozeman, or his designee,to specifically notify any and all parties who have expressed interest in any change in the availability of leased parking spaces in the basement level of the Bridger Park Downtown Garage. Neither this letter, not this future notification, is a specific right to lease any or all available spaces in the basement"level. Scott Lee, or his designee, will be providing the same notice to all parties who previous or subsequent to this letter, express an interest in leasing spaces in the basement level. There is no implied or stated guarantee of right to lease spaces in the basement level, by any party, except those currently under contract, should additional spaces become available in the basement level. This future notification'will be generic and be sent on the same date to all interested parties. No specific advanced noticed will be provided to any individual or group. If you have any additional questions, please direct them to Scott Lee and he will include them in the next available BPC meeting for discussion and response. Sincerely, Ryan Olson C Chair