HomeMy WebLinkAbout14 - Bozeman Parking Commission and Mendenhall Partners, LLC - 20 North Tracy Ave AFTER RECORDING PLEASE RETURN TO:
Scott Lee
Parking Manager,City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
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� BOZEMAN PARKING COMMISSION
IN THE fflIjjQgR PARK 129WN=N INIERMODAL EACIUTY
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THIS T made and entered ninto this is 3rd day of June 2014 by an
between the BOZEMAN PARKING COMMISSION, an entity of the City of Bozeman,
Montana, created pursuant to City of Bozeman Resolutions 167 , 139, and 3803 and formed
under the laws of the State of Montana, with a mailing address of PO Box 10, Bozeman, MT
59771 (the "Parking Commission") and Mendenhall Partners, LLC (hereinafter the "Lessee"),
with an address of 20 N. Tracy Avenue, Bozeman, MT and a mailing address of 20 N. Tracy
Avenue, Bozeman, MT 69715.
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mE WHEREAS, the City of Bozeman is the recipient of a Congressional
appropriation dedicated to the construction of the Bridger Park Downtown Intrmol
Facility ( ridger Park); and
aE= WHEREAS, the Parking Commission is the entity charged with the regulation of
M- parking in the City of Bozeman and is authorized by law to enter into lease and rental
®vim agreements for the long term use of the Bridger Park.
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N�w THEREFORE,— in consideration of the mutual promises and consideration
_ hereinafter described, and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties do agree as follows:
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1. e. The Lessee desires to use parking spaces in the Bridger Park for the
sole purpose of providing parking for the Lessee, located at 5 West
Mendenhall Street, Bozeman, MT (the "Property"). Said parking shall be for the use
of the Lessee, including without limiting, its owners, employees, guests, invitees,
and suppliers. This Agreement sets forth the terms pursuant to which the Parking
Commission authorizes the Hotel to use such parking spaces.
2. Tgrm gf Agr&21111213r itio . This Agreement shall be executed and effective
no later than Final Site Plan approval from the City of Bozeman Department of
Community Development. The term of lease for parking spaces as provided for
herein shall commence no later than the issuance of a certificate of occupancy from
the City of Bozeman Building Division. The lease issued hereunder shall be in effect
for no less than 25 years from the date of lease of parking spaces, The parties may
renew this Agreement and the lease issued hereunder for five (5) additional five (5)
year periods upon written request by the Hotel, The Lessee may not terminate
this Agreement without the prior written consent of the Parking Commission. The
Parking Commission may not terminate this Agreement unless such termination is
required by law.
Notwithstanding the above, unless otherwise authorized by the Parking Manager in
writing, this Agreement shall terminate automatically should the final site plan
approval for the Property, if granted by the City of Bozeman, lapse pursuant to
the requirements of 38.19.120.E, BIVIC but in no case shall this Agreement
remain in effect including the obligation of the Parking Commission to lease
parking spaces under this Agreement should the Lessee not obtain a building
permit from the City of Bozeman within two (2) years of the effective date of this
Agreement, In addition, this Agreement shall terminate if a building permit is
issued within two (2) years of the effective date of this Agreement but a final
occupancy permit is not issued by the City of Bozeman within four ( ) years of the
effective date of this Agreement. In addition to the above, this Agreement and the
lease hereunder is specifically contingent upon the Lessee obtaining fee simple
ownership interest in the Property. Should Lessee not obtain fee simple
ownership in the Property prior to May 1, 2015 this Agreement shall terminate.
3. and ri ac The Parking Commission shall make
available to the Lessee no more than fifty (50) spaces for the sole purpose of
providing parking, and access thereto, for the use of the Lessee for the
Property on a 24-hour basis. The Parking Commission shall, upon request,
provide the Lessee notice of how many parking spaces are available for
Lessee's use for the Property on or before December 31 each year. In addition
to the above, the Parking Commission shall provide repair and maintenance,
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including without limiting, graffiti removal, striping, and pothole/crack repair during
normal business hours,
4. Rale and AdIlj5Jm2nVAV_LAgg2§L_QUd1. The Lessee shall pay the Parking
Commission a bulk rate of thirty three dollars and seventy five
c e n t s ( 33.7 ) per month per space upon commencement of the lease as set
forth in paragraph 2. The Parking Commission may increase the rate without prior
notice to the Lessee on an annual basis in accordance with Parking Commission
policy. Such policy requires rates to be established in compliance with the Master
Agreement as discussed in Section 5, below. The Parking Commission may
charge a refundable deposit and actual costs of replacement for AVI access cards.
5. rl Fg lifignSuft2l. The Lessee recognizes the City
of Bozeman constructed the Bridger Park with funds obtained through
Congressional appropriation as administered by the United States Department of
Transportation's Federal Transit Administration (FTA Project No. T-0 - 0 -00).
In addition, the Lessee recognizes the City of Bozeman annually enters into an
agreement with the FTA called the Master Agreement (FTA A(1 ), October 1,
2012) (Exhibit ). In its use of parking spaces under this Agreement the Lessee
sfs;t' shall take no action which would adversely affect the federal interest in the Bridger
Park and shall at all times use the parking spaces in a manner that complies
with the Master Agreement. Further the Lessee recognizes that the City of
Bozeman must maintain satisfactory continuing control over the Bridger Park and
that there may be no interference with transit functions. Any revenue collected in
excess of operation and maintenance costs are to be committed to the provision of
public transportation services.
The Lessee agrees the Parking Commission has and may adopt rules,
regulations, and administrative directives for the reasonable operation of the
ridger Park. The Lessee shall abide by all such rules, regulations, and directives.
6, M2difiGallan and AsaignWafllbe: This document contains the entire agreement
between the parties and no statementspromises or inducem
ents Y
e b etheri
partyor agents of either party not contained in this written Agreement may be
considered valid or binding. This Agreement may not be enlarged, modified or
altered except by written agreement signed by the parties hereto. The Lessee
may not subcontract or assign its rights or delegate its duties under this
Agreement without the prior written consent of Parking Commission.
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7. Q,o W&nce with Unified QCX21g12mgnt Cod .: The Lessee acknowledges it is
required, pursuant to the City's Unified Development Code (Chapter 38, C), to
provide parking spaces for Lessee uses for the Property. The Lessee intends this
Agreement to satisfy some portion of its UDC parking requirement for the Property.
As such, this Agreement is revocable only with the prior written approval of the
appropriate UDC review authority.
8. Apallobillty, This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
9. on{iiscriination. The Lessee shall not discriminate in the fulfillment of this
Agreement on the basis of race, color, religion, creed, sex, age, marital status,
national origin, or actual or perceived sexual orientation, gender identity or disability.
10.Indemnification/ old HarMIM. The Lessee agrees to the fullest extent permitted
by law, to defend, indemnify, and hold the Parking Commission and the City of
Bozeman including their officers, agents, and employees, the Intermodal Commerce
Condominium Association and its individual Unit Owners, and the Mendenhall
Marketplace Condominium Association and its individual Unit Owners harmless
against claims, demands, proceeding, suits, damages, losses, and expenses
including attorney fees and costs connected therewith that may be asserted or
claimed against, recovered from or suffered by any of the above by reason of any
injury or loss, including but not limited to, personal injury, including bodily injury or
death, property damage, loss of use, or other injury or loss of any kind occasioned
by, growing out of, or in any way arising or resulting from any intentional, reckless, or
negligent act on the part of the Lessee, its owners or employees while using
the Bridger Park, a n d t h o s e , invitees, suppliers, lessees, licensees, guests,
patrons, officers, or agents , authorized by the Lessee to use the Bridger
Park pursuant to the terms of this Lease.
The Lessee on behalf of its lessees, licensees, guests, patrons, employees,
officers, and agents, hereby waives any and all claims and recourse against the
Parking Commission, the City of Bozeman, including its officers, agents or
employees, and the Intermodal Commerce Condominium Association and its
individual Unit Owners, and the Mendenhall Marketplace Condominium
Association and its Individual Unit Owners including the right of contribution for
loss or damage to person or property including loss of use arising from, growing
out of, or in any way connected with or incident to the performance of this
Agreement except "responsibility for his own fraud, for willful injury to the person
or property of another, or for violation of law, whether willful or negligent" as per
28-2-702, MCA. Nothing contained in this paragraph shall be construed as the
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Lessee waiving any claims and recourse against the Parking Commission, the City
of Bozeman, including its officers, agents or employees for a breach of this
Agreement.
Should the Parking Commission, the City of Bozeman, the Intermodal Commerce
Condominium Association to include its individual Unit Owners, or the Mendenhall
Marketplace Condominium Association to include its Unit Owners be required to
bring an action against the Lessee to assert its right to defense or
indemnification under this Agreement any of the entities named above shall be
entitled to recover its reasonable costs and attorney fees incurred in asserting its
right to indemnification or defense but only if a court of competent jurisdiction
determines the Hotel was obligated to defend the claim(s) or was obligated to
indemnify the above entities for a claim(s) or any portion(s) thereof.
The obligations of this section (section ten (10)) shall survive termination of this
Agreement.
11.1 src . In addition to and independent from the requirements of Section 10, the
Lessee shall secure insurance coverage in a form acceptable to the Parking
Commission and furnish to the Parking Commission an accompanying certificate of
insurance issued by a company authorized to do business in the State of Montana in
sru amounts not less than as follows:
3
• Workers' Compensation -statutory
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000
annual aggregate
• Automobile Liability - $1,000,000 property damagetbodily injury;
$2,000,000 annual aggregate
The Parking Commission, City of Bozeman, and their officers, agents, and
employees, shall be endorsed as an additional insured on a primary non-contributory
basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall
include no less than a thirty ( 0) day notice of cancellation or non-renewal. The
Lessee must demonstrate to the City's satisfaction that the above insurance
coverage is in place and is provided in a manner acceptable to the City including
any endorsements prior to the Lessee using any parking spaces. Nothing herein
shall grant the City the authority to require the Hotel to use the services of
specific insurance provider.
12. t riaiio . The parties signing below hereby represent and warrant that they
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are dulyauthorized o sign this agreement on behalf of the entities.
13.B22gLdatiM. This Agreement shall be recorded in the files Gallatin County
Clerk or r. All costs of recording shait be bome by the Lessee.
is recorded r i shall be providedthe Parkingr.
End of Agreementt for signature page
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Executed this day of June, 2014.
Parking Co miso
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Soo e rking ango
STATE OF MONTANA )
ss,
County of Gallatin }
This instrument was acknowledged before me on the day of June, 2014 by Scott
Lee, as Parking Manager for the City of Bozeman, Montana,
TACIT MARIE ULMFN
NOTARYPttsti for the ii forth State of Montana
state Of Mon , Play
ame:
s i to att�onhotton.i�ooton eliding in I
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The Mendenhall Partners, LL , a Montana Limited Liability Company.
Y:
Joe Rosson, Member
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before a on the day of June, 2014 by Joe
Rosson, Member, Mendenhall Partners, LLC.
Jsw " °��P. t . Kell
° " � N6t ry Public for e off Montana
th-state't h�t�a st.;LL Im
. i �dl at; Printed Name.
t Ira ,. 1otr Residing in µ
Mtober 17,2015 My Commission Expir
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