HomeMy WebLinkAbout18- Agreement, Parking Commission - G. and K. Stark, dba Starky's Authentic Americana Restaurant - Use of Storage Space in the Bridger Park Downtown Intermodal Facility BOZEMAN PARKING COMMISSION
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AGREEMENT FOR THE USE OF STORAGE SPACE
IN THE BRIDGER PARK DOWNTOWN INTERMODAL FACILITY
THIS AGREEMENT made and entered into this day of w1 �� 2018
by and between the BOZEMAN PARKING COMMISSION, an entity of the City of Bozeman,
Montana, created pursuant to City of Bozeman Resolutions 1676, 1839, 3803, and 4577 and
formed under the laws of the State of Montana, with a mailing address of PO Box 1230, Bozeman,
MT 59771 (the "Parking Commission") and Glen Stark and Kathy Stark, dba Starky's
Authentic Americana Restaurant (hereinafter "Starky's"), with a mailing address of 24 N.
Tracy Avenue, Bozeman, MT 59715.
WHEREAS, the Parking Commission is the entity charged with the regulation of
parking in the City of Bozeman and is authorized by law to enter into lease and rental
agreements for the long term use of the Parking Garage; and
WHEREAS, the Parking Commission is authorized to make decisions regarding
all policies, practices, and operations regarding Parking Enterprise assets such as the
Parking Garage.
NOW 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:
1. Purpose. Starky's desires to use lockable storage space in the Parking Garage for
the sole purpose of storing Starky's personal property. Said storage space shall be
for the sole use of Starky's, including its owners, officers, and employees. This
Agreement sets forth the terms pursuant to which the Parking Commission
authorizes Starky's to use such storage space.
2. Storage Space. The Parking Commission shall make available to Starky's one (1)
lockable storage closet as shown on Exhibit A (the "Storage Space"), and access
thereto, for the use of Starky's on a 24-hour basis.
3. Permitted Uses. Starky's may use the Storage Space only for the purposes of storing
personal property and for no other purpose. Starkeys may not store (a) flammable
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chemicals, paint, or other hazardous material, or (b) any illegal items, materials or
substances in the Storage Space. No signs or advertisements are permitted on the
Storage Space door.
4. Relationship of the Parties; Nonbailment. Neither the City nor the Parking
Commission is the bailee of Starky's property stored in the Storage Space and there
is no bailor/bailee relationship between the Parties. Neither the City nor the Parking
Commission take care, custody or control of personal property stored in the Storage
Space during the term of this Agreement. The exclusive care, custody, and control of
all personal property stored in the Storage Space remains vested in Starky's.
5. Term of Agreement/Termination. This Agreement shall be effective as of the date
first written above (the "Effective Date") and will terminate one (1) year after the
Effective Date unless renewed by mutual agreement of the Parties in writing. The
parties may renew this Agreement for four (4) additional one (1) year periods upon
written request by Starky's at a rental fee rate agreed to by the Parties. Either Party
may terminate this Agreement for convenience on 30-days' notice in writing to the other
Party.
6. Rental Fee. During the initial term of this Agreement, Starky's will pay $70.00 per
month for rental of the Storage Space. The first payment will be due upon execution
of this Agreement, prorated for the partial month. The rental fee for subsequent
months is due and payable in advance on the first day of the month during the term of
this Agreement. The rental fee for additional renewal terms will be negotiated and
agreed to by the parties prior to renewing this Agreement in accordance with Section
5.
7. Lien on Personal Property. As of the date Starky's personal property is placed in
the Storage Space, the City and Parking Commission shall have a lien on Starky's
personal property located in the Storage Space for rental fees or other charges
incurred for preservation, sale, or disposition of the personal property. The lien
established by this Section 7 has priority over all other liens except for liens that have
been perfected and recorded on such personal property and tax liens. Personal
property may be sold by the City to satisfy the lien if Starky's is in default of this
Agreement.
8. Federal Facility/Parking Commission Control. Starky's recognizes the City of
Bozeman constructed the Parking Garage with funds obtained through a
Congressional appropriation as administered by the United States Department of
Transportation's Federal Transit Administration (FTA Project No. MT-04-0004-00).
In addition, Starky's recognizes the City of Bozeman annually enters into an
agreement with the FTA called the Master Agreement (available at
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http://weblink.bozeman.net/WebLink8/DocView.aspx?id=49226). In its use of space
in the Parking Garage under this Agreement, Starky's shall take no action which
would adversely affect the federal interest in the Parking Garage and shall at all
times use the Storage Space in a manner that complies with the Master
Agreement. Further Starky's recognizes that the City of Bozeman must maintain
satisfactory continuing control over the Parking Garage 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.
Starky's agrees the Parking Commission has and may adopt rules, regulations,
and administrative directives for the reasonable operation of the Parking Garage.
Starky's shall abide by all such rules, regulations, and directives in its use of the
Storage Space.
9. Representatives: The City's representative for the purpose of this Agreement shall
be Ed Meece, Parking Manager, or such individual as City shall designate in writing.
Starky's representative for purpose of this Agreement shall be Glen and Kathy Stark.
10.Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either
party or 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. Starky's may not
subcontract or assign its rights or delegate its duties under this Agreement
without the prior written consent of Parking Commission.
11.Compliance with Laws: Contractor shall provide all notices, comply with all
applicable laws, ordinances, rules, and regulations, obtain all necessary permits,
licenses, including a City of Bozeman business license, and inspections from
applicable governmental authorities, and pay all fees and charges in connection
therewith.
12.A20licability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
13.Nondiscrimination. Starky's shall not discriminate in the fulfillment of this Agreement
on the basis of race, color, religion, creed, political ideas, sex, age, marital status,
national origin, or actual or perceived sexual orientation, gender identity or disability.
14.Indemnification/Hold Harmless. Starky's 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
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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 Starky's, its owners, officers,
agents, or employees use of the Parking Garage under the terms of this Agreement.
Starky's on behalf of its owners, 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 Starky's 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 Starky's 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 12 shall survive termination of this Agreement.
15.Insurance. In addition to and independent from the requirements of Section 12,
Starky's 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
amounts not less than as follows:
• Workers' Compensation — statutory
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• Property— an amount sufficient to insure the full replacement value of the
personal property stored in the Storage Space
• 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
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 Liability policies. The insurance and required
endorsements must be in a form suitable to City and shall include no less than a
thirty (30) day notice of cancellation or non-renewal. Starky's 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 Starky's
using the Storage Space. Nothing herein shall grant the City the authority to require
Starky's to use the services of a specific insurance provider.
16.Authorization. The parties signing below hereby represent and warrant that they
are duly authorized to sign this agreement on behalf of the entities.
17.Non-Waiver: A waiver by either party any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event
of any subsequent default or breach.
18.Attorney's Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to
give any notice required herein, then the prevailing Party or the Party giving notice
shall be entitled to reasonable attorney's fees and costs, including fees, salary, and
costs of in-house counsel to include City Attorney.
19.Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-
level personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days
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from the date the dispute was first raised, then such dispute may only be resolved in
a court of competent jurisdiction in compliance with the Applicable Law provisions of
this Agreement.
20.Survival: Contractor's indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
21.Headings: The headings used in this Agreement are for convenience only-and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
22.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
23.Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
24.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the parties.
25.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties,
does not constitute- a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
26.Counterparts: This Agreement may be executed in counterparts,which together constitute
one instrument.
27.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a
part thereof by reference, are not binding upon the parties. There are no understandings
between the parties other than as set forth in this Agreement. All communications, either
verbal or written, made prior to the date of this Agreement are hereby abrogated and
withdrawn unless specifically made a part of this Agreement by reference.
***END OF AGREEMENT EXCEPT FOR SIGNATURES***
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Parkin Co 'ssio
By:
Ed Meece, P rking Manage
Date: o-
Stark 's Auth Americana Restaurant
By:
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Glen Stark, Owner
Date: -z- I
B c�
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Kathy Stark, ° caner
Date: 2 I 1 1
Page 7
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Exhibit A:AGREEMENT FOR THE USE OF STORAGE SPACE IN NORTH
PLAN NOTES:
�THE BRIDGER PARK INTERMODAL FACILITY-GLEN AND A OVERALL THIRD / FOURTH (ROOF) LEVEL (TYPICAL) FLOOR PLAN C4WRETE CURB SLABS AND PARKINS 5TRIPIN6 LAYOVIS ARE FOR
KATHY STARK DBA STARKY'S AUTHENTIC AMERICANA 1.3 SCALE-Vlb•a 1'-0' REFERENCE ONLY. 50 PARKINS LAYOUT DRAWN&S PREPARIED BY THE
RESTAURANT-OCTOBER 2018 PLAN TYPICAL of BASE BID-THIRD LEVM(ROOF)t PARKINS CONSULTANT,eRAa1c LL C,FOR ALL G)RB SLAB,5TR1PIN6,
ALTERNATE NO.I-FOURTH LEVEL(ROOF) PARKINS CONTROL,516NA6E AND OTHER PARKIN&FEATURES.
ALL ELEVATIONS SHOI'QN ON THE ARCHITECTURAL DRANUNSS ARE ACTUAL
ELEVATIONS THAT RELATE TO GRADE ELEVATIONS SHOWN ON THE CIVIL
B 5, 6, g DRAPUN65.STRUGTLRAL DRAWIN&S USE A DATUM ELEVATION OF 100'-0'
4 4109'-0'.SEE STRIZ1UiAL DRAWIN&S FOR ALL SLAB ELEVATIONS 1'dTHIN
THE PARKIN&6ARA6E STRUCTURE.USE ELEVATIONS SHOWN ON THE
s ARCHITT,IURAL DRAWNSS FOR STAIR TONERS,RETAIL AND OFFICE
- - --�� FLOORS AND FOR ELEVATIONS SHOWN ON BUILDINS ELEVATION AND
5EGTION DRANNS5.
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y I I ALTERNATE NU•®Ht I.09tN515T5 OF A THIRD LEVEL THAT 15 IDENTICAL
I TO 1HHE SECOHII7 LEVEL PLAN 5HONN ON SHEET AIZ AND A FOURTH
p g� 1 (ROOF)LEVEL PLAN MICH 15 IDENTICAL TO THE PLAN ABOVE.SEE
—� s ✓ STRXTLRAL DRAM4SS FOR ALL PARKINS SLAB ELEVATIONS.THIS
E%T@ MORAM STAIR S-1 I um I STAIR9,3 �>Teo,�„oE ALTERNATE PULL REWIRE EMENDIµ,THE(3)STAIRIELEVATOR TONERS
I�1°FAa R W-4'VERTICALLY TO A60244ODATE THE AM1110RAL PARKINS LEVEL.
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Fames I to r�lsa,OF ELINATOR ROOF STAIR S-2 s eO I FPam aaw EACH STAIR/ELEVATOR PULL REQUIRE 0)ADDITIONAL LEVEL OF STAIRS
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s AS 0)ADDITIONAL LEVEL OF WALLS,DOORS AND PUNDONIS.NOTE THAT
CIF MINA OR 9bi•9MK Ewa '�` THE ADDITIONAL ELEVATOR STOP 15 5PEOFIED IN THE BASE BID AND
B I gn D RD �— s THE ELEVATOR ALTERNATES.
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Ed Meece
From: Kyle Mehrens
Sent: Thursday, December 13, 2018 8:05 AM
To: Greg Sullivan; Shawn Kohtz; Chuck Winn
Cc: Ed Meece
Subject: RE: Ferguson Stormwater
Sounds good.
Kyle Mehrens I Stormwater Program Coordinator
City of Bozeman 20 East Olive St. I P.O. Box 1230 1 Bozeman, MT 59771
P:406.582.2270 E: kmehrens@bozeman.net I W:www.bozeman.net/stormwater
Click the following link to view o short educational film-https.11www.youtube.com/watch?v=IKLEzHBkh2s
From: Greg Sullivan
Sent:Wednesday, December 12, 2018 4:51 PM
To: Kyle Mehrens<KMehrens@BOZEMAN.NET>;Shawn Kohtz<SKohtz@BOZEMAN.NET>; Chuck Winn
<CWinn@BOZEMAN.NET>
Cc: Ed Meece<EMeece@BOZEMAN.NET>
Subject: RE: Ferguson Stormwater
This letter may be combined with other issues or a separate letter sent.So let's hold off until we meet next week.
From: Kyle Mehrens<KMehrens@BOZEMAN.NET>
Sent:Wednesday, December 12, 2018 3:29 PM
To:Shawn Kohtz<SKohtz@BOZEMAN.NET>; Chuck Winn <CWinn@BOZEMAN.NET>
Cc: Ed Meece<EMeece@BOZEMAN.NET>; Greg Sullivan <Rsullivan@BOZEMAN.NET>
Subject: RE: Ferguson Stormwater
All,
Please see attached and let me know if you would like us to make any changes before we send.
Thank you,
Kyle Mehrens I Stormwater Program Coordinator
City of Bozeman 20 East Olive St. I P.O. Box 1230 1 Bozeman, MT 59771
P:406.582.2270 E: kmehrens@bozeman.net I W:www.bozeman.net/stormwater
Click the following link to view a short educational film-https.-Ilwww.youtube.com/watch?v=/KLEzHBkh2s
From: Kyle Mehrens
Sent:Wednesday, December 12, 2018 11:52 AM
To:Shawn Kohtz<SKohtz@BOZEMAN.NET>; Chuck Winn <CWinn@BOZEMAN.NET>
Cc: Ed Meece<EMeece@BOZEMAN.NET>; Greg Sullivan <gsullivan@BOZEMAN.NET>; Frank Greenhill
<FGreenhill@BOZEMAN.NET>
Subject: RE: Ferguson Stormwater
1
Shawn and Chuck,
Frank just got back from completing an inspection at the Dog Park. The County has resolved all of our
violations. He is going to produce a final report and closure letter, which we will share with the group before
sending. We recommend the inclusion of language that states something along the lines of... "you are in
compliance now, but we will exercise our enforcement authority immediately and without warning upon the
discovery of fixture noncompliance". Please advise if you would like us to change course. Otherwise, we will
plan to have the documents to you by the end of the day for review and comments.
Thank you,
Kyle Mehrens I Stormwater Program Coordinator
City of Bozeman 20 East Olive.St. I P.O. Box 1230 1 Bozeman, MT
59771
P:406.582.2270 E: kmehrens@bozeman.net I W:www.bozeman.net/stormwater
Click the following link to view a short educational film-https.-Ilwww.Voutube.com/Watch?v=IKLEzHBkh25
From:Shawn Kohtz
Sent:Wednesday, December 12,2018 11:31 AM
To: Chuck Winn<CWinn@BOZEMAN.NET>; Kyle Mehrens<KMehrens@BOZEMAN.NET>
Cc: Ed Meece<EMeece@BOZEMAN.NET>
Subject: FW: Ferguson Stormwater
FYI. Please take a look at the plan in the attached letter and let me know if you see any red flags. I will discuss with Ed
to see if there is any support we can provide from a parking standpoint.
From: Doar,Jim [mailto:Jim.Doar@gallatin.mt.gov]
Sent: Friday, December 7, 2018 2:27 PM
To:Shawn Kohtz<SKohtz@BOZEMAN.NET>
Cc:Andrea Surratt<ASurratt@BOZEMAN.NET>
Subject: Ferguson Stormwater
Shawn,
Please see our response to the City's stormwater abatement order for Ferguson. Please call with any questions.
Thank you,
Jim
Jim Doar
County Administrator
406.582.3008
311 West Main Street
Room 311
Bozeman, Montana 59715
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