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Home My WebLink About09-20-19 Public Comment - J. Kauffman and B. Gallik (with Kasting, Kauffman & Mersen, P.C.) - AC Hotel by Marriottct/»<b S.C-^^n^^ ^KASTING, KAUFFMAN & MERSEN, P.C.ATTORNEYS AT LAWtb.^h»Vs»JOHNM.KAUFEMANJANEMERSENDENNIS L. MUNSONLILIAN. TYRRELLJORDAN P. HELVIESCOTT J.LORESCHKENT M. KASTING, Of CounselSeptember 18, 2019716 SOUTH 20th AVENUE, SLHTE 101BOZEMAN, MONTANA 59718TEL: (406) 586-4383 FAX: (406) 587-7871E-MAIL: reception@kkmlaw.netfD)!SfT?f!S|i\Wi!=:i^M^^-IL;~~"••SEP 2 02019iiSEP ^02019 ][JjDEPARTMLi.Ji J,:ICOMMUMTY_OEVELOPMEN I;City of BozemanDept. of Community DevelopmentATTN. Danielle GarberP.O. Box 1230Bozeman,MT 59771-1230Re: AC Hotel Site Plan & CCOA + DEM Application 19078Dear Ms. Garber:The purpose of this letter is to provide comments in opposition to the ACHotel Site Plan and CCOA + DEM - Application 19078 (the "Application"). TheApplication indicates that the AC Hotel Project will be 6 stories with 88,000 squarefeet and include al43-guestroom hotel, among other amenities. Though the ACHotel Project is being planned for downtown Bozeman, it will provide no parkingspaces for its employees, guests or others. Instead of providing its own parking, itappears the developer (Andrew Holloran/HomeBase Partners) anticipates exploitingthe Bridger Park Downtown Garage (the "Garage"). The Bozeman ParkingCommission has already rejected this approach. The Application should be denied.We represent a group of individuals and downtown business ownersconcerned about the lack of adequate parking in downtown Bozeman. We havewritten to the Bozeman Parking Commission on several occasions regardingMr. Holloran's improper efforts to convert stockpiled monthly parking permits inthe Garage into long-term UDC leases for the AC Hotel Project. We also wrote tothe City Attorney regarding a variety of ways that Mr. Holloran and his companieshave violated the City's parking policy. Copies of those letters are provided withthis letter as attachments.At its May 24, 2019 meeting, the Bozeman Parking Commission properlyrejected Mr. Holloran's efforts to use the Garage to satisfy the parking requirements *Bozeman Planning DepartmentSeptember 18, 2019Page 2for his AC Hotel Project. Thereafter, on September 12, 2019 the ParkingCommission adopted Resolution 2019-05 to clarify its parking policy. The policyadopted provides, in relevant part, that:As of August 2019, the Bozeman Parking Commission does not accept newlong-term lease agreements, at the Bridger Park Downtown Garage, for thepurpose of satisfying parking requirements in the Bozeman UnifiedDevelopment Code. Such lease agreements limit the ability of the BozemanParking Commission to manage the permit and transient parking at theBridger Park Downtown Garage in the most effective manner.Despite the Parking Commission's May 24 decision, Mr. Holloran apparentlyintends to satisfy the parking requirements for his AC Hotel Project by using spacesin the Garage. We have come to this conclusion because (a) there is no parkingprovided for in the Application; and (b) Mr. Holloran (through one of his companies)is asking the City Commission to give him the long-term leases that the ParkingCommission denied him. In sum, he is trying to game the City by going to adifferent body to ask for the same thing he was already denied.We also discovered through a public records request that Bozeman ParkingManager Ed Meese notified Mr. Holloran as far back as October 4, 2018 that "thereis no capacity [in the Garage] to accommodate your request [for 50 long termparking leases in the Garage] at this time." See attached Letter Meese to Hollorandated October 4, 2019. As you are aware, the Garage has not added any newparking spaces since October 4, 2018. In fact, the policy cited above makes it clearthat new long-term leases in the Garage are no longer available. As a result, theApplication should be rejected under the certificate of appropriateness and site plancriteria of Section 38.230.080 and 38.230.100 ofBozeman's Uniform DevelopmentCode (the "UDC").As a starting point, the intent of the UDC is, in part, to protect the publichealth, safety and general welfare while balancing various parties' rights andresponsibilities. See Section 38.100.040 (A). The purpose of the regulations in theUDC is to:[Pjromote the public health, safety and general welfare by-' preventing thecreation of private or public nuisances caused by noncompliance with thestandards and procedures of this chapter; regulating the subdivision,development and use of land; preventing the overcrowding of land; lesseningcongestion in the streets and highways; ...; promoting developmentapproaches that minimize costs to local citizens and that promote theeffective and efficient provision of public services; ... Bozeman Planning DepartmentSeptember 18, 2019Page 3Section 38.100.040 (B). Allowing the Application to proceed, with no new parkingcreates a public nuisance, congestion in the streets and increases the costs to thelocal citizens by exhausting a scarce and valuable resource - existing parking spots.It should be emphasized that the requirements in the UDC are minimumrequirements. Section 38.100.050.Section 38.100.080 provides that no building may be erected or constructed,and no development commenced unless it is inconformity with "all of theregulations herein specified for the district in which it is located". Section38.230.100(A)(3) requires the Application to conform with all other applicable laws,ordinances and regulations. Subpart (A)(6)(a) requires conformance with thecommunity design provisions of including transportation facilities and access, whichincludes the "impact of the proposal on existing and anticipated traffic and parkingconditions" (Emphasis added). Subpart (A)(7) requires the Application to conformwith the project design provisions of Article 5 of the UDC, which includes Division38.540 on parking. The impact of a 143-room hotel, with no new parking, onexisting parking conditions in Bozeman would be catastrophic, over burdening thelimited on street parking that exists in the downtown area (and surroundingneighborhoods).It is neither reasonable nor equitable to allow Mr. Holloran commit spaces inthe City's Garage for his private project. As the Parking Commission has alreadyrecognized, the Garage is not an appropriate venue for new long-term parking.Consequently, the Application, therefore, does not, and cannot, comply with theparking requirements set forth in Article 38, Division 38.540 of the UDC. See e.g.Table 38.540.050-3 (Off-Street or Of f Road Parking Spaces Required - Motels,Hotels).1 While it may be that Mr. Holloran wants to save money by not buildinghis own parking for his new project, it is not the City's or the public's obligation tofund his projects. He has no legitimate reason for not building additional parking ofhis own.We also respectfully submit that the structure and lack of parking do notconform with the project design provisions of article 5 of the UDC because (a) theyare not compatible with or sensitive to the immediate environment of the site andthe adjacent neighborhoods relative to architectural design, building mass,neighborhood identify, orientation of the building on the site and visual integrationand (b) the proposed plan design and arrangement is not designed so that activities1£(',Mr. Holloran's own calculations show that the total required spaces are at least 80.4. See''Project Matrix" SPR Site Plan. »Bozeman Planning DepartmentSeptember 18, 2019Page 4will be integrated with the organizational scheme of the community orneighborhood.Based upon the foregoing and attached, the Application will be determinantalto the health, safety and welfare of the Community and, as submitted, not incompliance with the requirements of the UDC. Moreover, it is not in harmony withthe purposes or intent of the UDC. As such the Application should be denied./Since.^Jo^-7•C^-4.•••9^•fauffman Brian K. Gallik / /^^f?-JEnd.c. Clients (email only) :AJOHNM.KAUFFMANJANE MERSENDENNIS L. MUNSONLILIAN. T^RRELLJORDAN P. HELYIESCOTT J.LORESCH(Montana admission pending)KENT M. KASTDMG, Of CounselWILLIAM B. HANSON, RetiredPASTING, KAUFFMAN & MERSEN,P.C.PYATTORNEYS AT LAW716 SOUTH 20th AVENUE, SUTTE 101BOZEMAN, MONTANA 59718TEL: (406) 586-4383 FAX: (406) 587-7871E-MAIL: reception@kkmlaw.netMay 3, 2019BY HANDBozeman Parking Commissionc/o Tim Cooper, Asst. City Attorney121 N. RouseBozeman,MT 59715Re: Homebase/Holloran Request to Use IVtonthly Parking Lease to SatisfyUDC Parking Requirements for Proposed New DevelopmentDear Commission IVtembers:The purpose of this letter is to request that you deny the request inade byAndrew Holloran and/or his company Homebase Partners to use a monthly lease inthe Bridger Downtown Parking Garage to satisfy the parking requirements for aproposed new development in downtown Bozeman. This issue initially came beforeyou on February 14, 2019 and again on April 11, 2019, and was described as follows:Discuss/Approve/Deny a request to convert up to 107 monthly parkingpermits for the Bridger Downtown Parking Garage to Unified DevelopmentCode (UDC) parking permits as part of a twenty-five (25) year lease withHomeBase Partners. February 14, 2019 Agenda, Item E.lConsider/Approve/Deny a motion to continue consideration of a request toconvert up to 79 monthly parking permits for the Bridger Downtown ParkingGarage to Unified Development Code (UDC) parking permits as part of atwenty-five (25) year lease with HomeBase Partners until the May [9], 2019,meeting of the Bozeman Parking Commission. April 11, 2019 Agenda,Item E. 3. Bozeman Parking CommissionMay 3, 2019Page 2At both meetings you elected to continue the matter, in large part becauseyou (like our Clients) lacked sufficient information to make a practical or policydecision regarding the request.Shortly before the February 14, 2019 Commission meeting, we made requestsfor documents from the City it had exchanged with Mr. Holloran/ HomeBaseregarding this unique request. One of the documents we were particularlyinterested in seeking was the alleged monthly lease(s) between the City and Mr.Holloran or HomeBase that were the subject of the proposed conversion.On the evening of April 10, 2019, we received (for the first time) a copy ofwhat purports to be the monthly lease that is the subject of the proposedconversion. A copy of that is attached as Exhibit 1 (the "Monthly Lease"). As youcan see,it is a one-page document dated 2015 and the party to the lease isMendenhall Partners, not JVIr. Holloran and not HomeBase Partners. According tothe Montana Secretary of State, Mendenhall Partners is a Montana limited liabilitycompany.We understand that the project for which Mr. Holloran wants to convertmonthly parking into UDC parking is what he is calling "5 East". We base thisupon his December 14, 2018 email, which was provided with the February 14, 2019Agenda. In that email, Mr. Holloran represents that ''HomeBase currently has 112leases/permits in the Garage that are not committed''. Given what we have beenprovided, this representation appears to be false. "HomeBase" does not have 112leases/permits., ]VEendenhall Properties might, but that is a wholly separate entity.]VToreover, the property that is to become "5 East" is owned by yet another separateentity called Straightaway Bozeman Investors, LLC. Straightaway BozemanInvestors, LLC was not formed until 2018 - three years after the Monthly Lease(Exhibit 1).What. appears to be happening is that Mr. Holloran attempted to stockpilemonthly parking spaces in the Bridger Downtown Parking Garage with the intentto transfer them, like currency, to whichever project he thinks would benefit mostby them. Namely, he hopes to save the cost of building- new parking required underthe UDC, while at the same time bringing additional pressure on the parkingdemands in downtown Bozeinan. He is attempting to convert the City's monthlyparking permit into a commodity that he can transfer amongst any entity in whichhe may have an interest. If this were allowed, a developer who did not want tobuild parking could find anyone willing to sell their monthly parking permit to the Bozeman Parking CommissionMay 3, 2019Page 3developer and, in that way, developer could avoid providing new parking for newprojects. Wliat Mr. Holloran is proposing would create a secondary market formonthly parking permits. This is a perversion of the very concept of monthlyparking permits and undermines the City's ability to provide monthly parkingpermits to individuals on the City's waiting list for those permits.Anticipating that one or more individuals would try to game the monthlypermit system by stockpiling them so as to commoditize them later, thisCommission adopted a policy that can prevent it from happening. By Resolution2017-04 dated December 14, 2017, this Commission adopted a "Parking LeasePolicy attached as Exhibit 2 (the "Policy"). The Policy specifically states: "Permitsare not transferable; however, the lease holder may permit employees, or otherindividuals to utilize the leased space." Id. pag-e 2.What M.r. Holloran is proposing violates your policy. He is suggesting he cantransfer 79 of 112 monthly lease held by Mendenhall Partners, LLC (not Homebase)to Straightaway Bozeman Investors, LLC and covert the same from their monthlystatus to UDC status. While Mr. Holloran may have an interest in bothMendenhall Partners, LLC and Straightaway Bozeman Investors, LLC, hespecifically chose ]VTendenhall Partners, LLC to hold the Monthly Lease at issue.There is nothing inherently wrong with creating separate entities to shieldand separate projects, their liability, and investors. However, forming a newseparate entity for each separate project (with separate parking needs) is anintentional and deliberate act designed by Mr. Holloran to circumvent the City'spolicies governing parking. A search with the Montana Secretary of State revealsthat Mr. Holloran is involved in more than twenty (20) separate limited liabilitycompanies.1. Mendenhall Partners, LLC,2. HomeBase Partners, LLC (£/k/a Homebase Management);3. HomeBase Investors, LLC4. Homebase Montana, LLC15. Homebase York Partners, LLC6. Olive and Black, LLC,7. Olive and Black Investors, LLC8. Straightaway Bozeman, Investors, LLC9. One Eleven Partners, LLC10. One Eleven Investors, LLC' Involuntarily dissolved in 2018 but the version of "Homebase" inexistence in 2015 at the timeof the Monthly Lease. This begs the question, which "Homebase" is Mr. Holloran referring to in hisDecember 14, 2018 email? Bozeman Parking CommissionMay 3, 2019Page 411.5-West,LLC212. Mercantile, LLC13. Block M,LLC14. One York, LLC15. One York Partners, LLC16. Firestone Investors, LLC17. Firestone Enterprises, LLC18.HolyokeIII,LLC19. Three Sheets, LLC20. 116 Bozeman Partners, LLC21.TheMerin,LLC22. Bozeman Investors, LLCThese separate entities were created by or at the direction ofJVlr. Holloran becausethey own separate properties, because he wants to limit their respective liability,and/or because he wants to attract separate investors.The IVlonthly Lease is a perfect tool to explain the purpose and effect ofMr. Holloran's system of creating separate entities. If the City wanted to seekdamages for a breach of contract or negligence claims arising out the MonthlyLease, Mr. Holloran would contend only Mendenhall Partners could be heldresponsible, not the other 21 entities listed above. However, the converse works aswell, only Mendenhall Partners holds the IMonthly Lease, not any of the other 21entities listed above.This Commission's Policy against the transferability of parking permitsproperly limits and discourages a party from. commoditizing the monthly parkingleases in the Bridger Downtown Parking Garage. IfMendenhall Partners is notusing its monthly leases, they should be surrendered so that one of the manyindividuals or businesses waiting for and needing a monthly lease can get one.Allowing one party to horde 112 monthly leases to use in separate projects at itsdiscretion serves no legitimate purpose, and converts a public asset into a privateasset. It also effectively substitutes that party for the parking authority because it,rather than the City, can dole out 112 monthly permits to whomever it wants. It isbad policy. It encourages the kind of gamesmanship the Policy is designed toprevent.While a number of monthly leases held by one entity may provide the Cityconsistent revenue, that is not, nor should it be, the driving force behind downtownparking policy. The argument also neglects to appreciate that new project(s) will2There are also 5 West- Parking, LLC, 5 West- Residential, LLC and 5 West Commercial, LLC Bozeman Parking CommissionMay 3, 2019Page 5add new parking pressure to downtown and whomever creates that new pressureshould be required to help solve the problem the new development(s) create byadding new parking - not add to the problem. If the 112 monthly leases at issueare not actually being used by individuals or businesses in need for such parking,those monthly leases should be made available to people and businesses whoactually need monthly parking. The monthly parking leases are for people thatneed a break on monthly parking rates because they are frequently downtown;which is entirely different than a UDC parking space. Any effort by Mr. Holloran toblur the distinction between monthly and UDC parking is misdirection and runscontrary to this Commissions' policies.There are many other reasons for denying the request to convert monthlyleases to UDC leases, both from practical and policy perspectives. There are alsogood reasons that the City requires UDC parking when adding new parkingpressures to downtown Bozeman. This letter, however, is focused on the mostobvious - the specific request made by Mr. Holloran violates this Commission'sPolicy and reflects a belief that the Commission is just not sophisticated enough tofigure out the game.As the City continues to provide us documents in response to our request, wewill be able to provide you additional reasons why the request should be denied. Inthe interim, we hope that the foregoing will be sufficient to resolve the issue andsave the Commission, the City and other interested parties the time and resourcesthat will be required to continue discussing the same.Sincer?ohuffman^i-^y^v-(jBrian K. GaJUEnd.c. Clients (email only) 4 ii,n ^(-—K\ -> -a.•^i^--^-i'-f~^\__''.-•-•-.s•"}ROZK!\tA\ PARKIW. f'OM^t^SRWBRiDGKR ]'-,\RK I.FASR ,\<.REF\iK\TCAE.FNDAR Y(::\R 10(5^Ci-^lofiici N<.?";L:M^,^,....,^ni-"'. T "' ii-v!Cr-i^ury Nutiic; .M t'" a <L" ^ si.M. ?;<--, -f ^.-zt, >-- •t.,-t v.; --1•LtTi^if.y Adc» i.3.2:_._J^:-:l..,,.Ai^,...Ll'^."i"i:-'<^, ,"'^.vil • .. - c -z'»---^---'Vi^^. ., a. .-, . '^'•i' • , 'ri-i1'".l!eiyj^iu*ii-<sj;, T'u ".,..1 ^"i ' J-s <s''/ I-^'- A^ji.a -s ^ s ---•.^ "*,. 1». ',-•-»,-,. 1 ^ .<..-;cl--7.,-' .'S:' iI,/-..2015 Monthly Rate&- &.si tefl •(-! .1S60..C.O;^' f?^';!!t"i'w.i- tea Cti per ;TiD''i;n7015 A?:n^.^:t R.t<$:i;s {10'%- diSc^uiU:';.. ^OSTI mctnthi:yr-:i^*,r: ^J:us!t£?iry fh?u D-cCf-'mh^r ^0115)^ BsseTien-:: SC;-1200FC-vc="'5r;-!.OOpc:r"-onlh^ G-i-'-i-st ^-••^OAl'; PM'wi!-^S4?.ij0 S;IT-rcilh'New hr^of-- P?irk ni.ston-i.''", "».!?,I at'.i-; p:iv y ?;40 yi;' -u'u'icybfc ccpuyii tu" ihu Ay! ac.-.-i-.?. "sn-!O'.-i•^C— —-.--i.-.. ^'; ^i/?^3 yyAi-ioyn eti.re S. ,7~7 S '— '~~'.' *-i 'fI'l'.iy^C iJiil 'tit- MonthEy '^^nriUitlly,'•',/^t t BY iMITtALLY HRRF, 1 cst-w iK.iryw poyrFicnty are due by the nnai WORKWG dBy (yftho mi'-inthPRSOR to month/period b-eisng psld for. 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( inu'lCU Ocpuiimc-nt a: 12t M RuussAv^. i ur'i-nr;-i'!(1 •t'ln- il "'r'; !;ii; :•; l..'r.l•y s.i'ilc'i! mils; pay an Brtdi'ionfll 54C 00 ?c' 3 rtC'/, AV1 (05.liy i'ii>i::aiir'.;'j t-'^tf: }f:;:',W' .loreuft Ihgt f! tilt- AV; ;•;• ••igcr"''; fsr ;i>; msnthi; ffom 'l^* daia f.ii.n^d fcfii^v... l-'ii-l.Oi.s.ci;- <orfe-is th<; S'iO !/t(s"t'yl ft^?.i-i.f-?sft!-Kimstijre: --"" Dy!c. ._, 1(l'i'J!"fOf • iCL. iJSI; 0'<L" >Cif»( <ci IK-DU •<f;si-. CTf]r;c'l'.--i.ii n^fi^s ^ ni;:i^;i;^n .n i ^*?..fiET ;^:n-.^rr--;r'i.*'.'•t:,:Jl,,--y//' GilHt.) i. ^i.iria; r'llu'i":! TI ,VS^ Pi.xrtL'-ii A^.'^'j "- -:'i~'^^.•i^.t^L.it"''.; Li^;;1c^^-.•r1U^:r,AS^:W -fft^ C.^Ytf^*-- ^^^ !'•' /^K•>.^-frl"- .^i:.'1ft'-. -A... . l^-l-,^,",-^;hfoi! priyme^t'i?: Ciiy cf S,-.?e>r.a.i F'O Ri->i '•W,G ').!;'fii!..«>. MI -.4?'^'C:' li^ni~; d;;ir.'r» 'r; Ciiy I'lyl! 1?1 N Rc'u'3^ A.'cOilfr?;r--t"?,' !4!!9":.H/ :.'^'!?EXHIBIT Bozeman Parking CommissionPOLICY: Parking Lease Policy•Adopted by BPC Resolution 2017^)4 on 12/14/2017The Bozeman Parking Commission (BPC), in alignment with the guiding principles andrecommended strategies of the 2016 Strategic Pairing Management Plan, recognizes the need toestablish a policy which clearly defines how permits and leases for parking stalls owned and/orcontrolled by the City of Bozeman will be reviewed, accepted, and encumbered. Nothing in thispolicy will imply, state or be construed as the transfer of ownership of the physical space beingpermitted or leased, or the provision of any rights other than those specifically stated.The Finance Department may issue surface lot permits or garage teases with the followingconditions:SURFACE PARKING LOTS OWNED OR CONTROLLED BYTHE Cir»rOF BOZEMAN:Willson Lot (35 spaces), Black Lot (71 spaces) and Rouse Lot (46 spaces)(No monthly or annual permits are available at the Armory Lot)Permits are available to individuals and/or businesses;Permits available on a first come first sen/e basis subject to availability;Permits are not transferable; however, the permit holder may permit employees, or otherindividuals to utilize the permitted space.The Finance Department may maintain a waiting list for each public parking facility;Total permits available at each facility is not to exceed limits established by the BPC; at thistime, each tot is limited to total permits not to exceed 50% of available parking spaces,Permits can be obtained and paid for on a monthly or annual basis;Permits available for up to 1 year, not to exceed the current calendar year;Permits must be renewed prior to January 1st of each year with fees payable monthly orannually;Permits that are voluntarily surrendered, or for which payment has not been made by therenewal date are subject to forfeiture or non-renewal;Permit payments begin immediately upon signing of permit agreement and annualagreements will be prorated;• Permits are not transferable.BRiDGER PARK GARAGE f435 spaces total)••••Total number of available spaces for rental, in the Bridger Park Garage, will be determinedby the Bozeman Parking Commission utilizing the adopted Lease Limit Calculationmethodology, as depicted in Appendix A of this poilcy. The Bozeman Parking Commissionwill review the Lease Limit Calcuiation at its March, June, September, and December regularmeetings; and, as a result, may take action to alter the number of permits available.The Bridger Park Downtown Garage offers both a parking lease and a parking permit, forwhich additional conditions apply:EXHIBITz 1.Standard monfhlv permit;• Permits available to individuals and/or businesses;Permits available on a first come first serve basis subject to availability;Permits are not transferable; however, the lease holder may permit employees, orother individuals to utilize the teased space.Permits available for up to 1 year, not to exceed the current calendar year;• Permits must be renewed prior to January 1st of each year with fees payable monthlyor annuallyPermits that are surrendered, or for which payment has not been made by the renewaldate are subject to forfeiture and reissuance to others;Permit payments begin immediately upon signing of lease agreement and annualagreements will be prorated;•2.•UDC Lease -for meeting UDC Darkina reduirements:• Only available to Entities required to provide additional parking spaces to meet City ofBozeman (COB) - Uniform Development Code (UDC) requirements;Leases are not transferable; however, the lease holder may permit employees, orother individuals to utilize the leased space.Lease Term for "UDC" leases shall not exceed 25 years in length;Lease limited to actual number required by COB to meet UDC requirement net of anyoffsets, reductions, SID/Cash-ln Lieu spaces or onsite spaces provided;Leases wilt be established utilizing the current Long Term Lease Agreement (LTLA)agreement approved by City Attorney:1. Applicant must make a written request for UDC [eases to the Parking ProgramManager, describing proposed development ("Project) and number of leasedspaces required.2. Parking Manager will verify with the Community Development Department thetotal number of UDC required spaces for the Project, the number of UDC spacesprovided thru other options, and the net number of spaces required (which shouldequal requested number of leases).3. Parking Manager wili provide the BPC with a Letter of Intent (LOI) outlining theProject and lease request. The LOI will outline the process, payment, scheduledreservation of parking spaces to meet the applicants UDC requirements, and theBPC's intention to enter into a LTLA upon successful completion of that processwithin the required timeframes.4. The Parking Manager will sign the LOI; providing a copy to the applicant and theDirector of the Community Development Department,5. Applicant will make payment for the space reservation to the Finance Departmentof an amount equal to 20% of the calculated annual payment, pro-rated to a monthlyamount, for the total UDC request.6. The applicant has sixty calendar days - from when the LOf is signed - to completethe 'Concept Review' process with the Community Development Department.During this time. the applicant will make monthly space reservation payments, asdescribed in #5 above. If the applicant fails to satisfQctorily complete the ConceptReview process within the required timeframe, the LOI is voided and terminated -no space reservation payments will be reimbursed to the applicant. *; 7. Upon satisfactory completion of the Concept Review process, the applicant willhave an additional sixty calendar days to complete the 'Informal Review' processwith the Community Development Department. During this time, the applicant willmake monthly space reservation payments, as described in #5 above. If theappficant fails to SQfisfaotonly complete the Informal Review process within therequired timeframe, the LOI is void and terminated - no space reservation paymentswill be reimbursed to the applicant*8. Upon satisfactory completion of the Informal Review process, within the requiredtimeframe, the applicant will have an additional ninety calendar days to completethe 'Site Plan' review process with the Community Development Department.During this time, the applicant will make monthly space reservation payments, asdescribed in #5 above. If the applicant fails to satisfactorily complete the Site Planreview process within the required timeframe, the LOl is terminated - no spacereservation payments will be reimbursed to the applicant. *9. Upon final site plan approval, which is conditioned upon City Commission approvalof the LTLA, the Parking Manager and Applicant will complete a Long Term LeaseAgreement (LTLA) for final approval by the City Commission (CC).10. Upon issuance of the COB Building Permit, the remaining lease balance for thespaces stipulated in the LTLA must be paid in full for that calendar year. Uponpayment in full of the total lease payment amount, the Applicant will be providedaccess and full use of the (eased spaces.**11 .The lease agreement must then be paid annually.Ir* The Community Development Director may grant up to a (30) day extension inany single review phase if the reason for extension is the fault of the City ofBozeman.** In the event, the applicant has not applied for a COB building permit, within sixtydays of City Commission approval of the LTLA, the LTLA is immediately terminatedas well as rights to the teased (UDC) spaces.** In the event the building permit expires prior to issuance of an unconditionaloccupancy permit, the LTLA is immediately terminated as well as all rights to theleased (U DC) spaces. iKASTING, KAUFFMAN & MERSEN, P.C.ATTORNEYS AT LAWCOPYJOHNM.KAUFPMiWJANEMERSENDENNIS L. MUNSONLILIAN. T^RRELLJORDAN P. I-ELVIESCOTT J.LORESCH(Montana adnission pending)716 SOUTH 20th AVENUE, SUTTE 101BOZEMAN, MONTANA 59718TEL: (406) 586-4383 FAX: (406) 587-7871E-MAIL: reception@kkmlaw.netKENT M. KASTDMG, Of CounselWILLIAM B. HANSON, RetiredMay 21, 2019tcooper@bozeman.netBY HAND & EMAILBozeman Parking Commissionc/o Tim Cooper, Asst. City Attorney121 N. RouseBozeman,MT 59715Re." Homebase/Holloran Request to Use Monthly Parking Lease to SatisfyUDC Parking Requirements for Proposed New DevelopmentDear Commission Members:Due to a lack of quorum, your May 9, 2019 commission meeting wasrescheduled to May 24, 2019. Action Item E.3. on the May 9, 2019 Agenda is againAction Item E.3 on the May 24, 2019 Agenda. The item relates to a request madeby Andrew Holloran to use monthly leases in the Bridger Downtown ParkingGarage to satisfy UDC requirements for a proposed new development in downtownBozeman, On behalf of our clients and for the reasons set forth below, werespectfully request the Commission postpone that particular Action Item until itsregularly scheduled June 2019 meeting.As reflected in our earlier correspondence with you, we made a request to theCity as early as February 12, 2019 for documents related to the Action Item so thatwe could better understand the request, its implications and how it fit within theexisting policy framework. It included a request for any leases between the Cityand Mr. Holloran and his company Homebase Partners as well as anycommunications the City has had with Mr. Holloran or his company'srepresentatives. We understand that the City attorney's office was tasked withprocessing that request and that office has been very busy. As a result, we onlyreceived the response to the document request last Friday, May 17, 2019. Theresponse includes many documents and over 180 emails, with attachments. rBozeman Parking CommissionMay 21, 2019Page 2Thousands of pages of information were produced, which we appreciate. While allof the documents produced may not directly relate to the issue you will beconsidering, we need to go through them to determine what may be relevant. Insum, we waited three (3) months to received documents and, if the Action Item isnot continued, will only have about a week to review, analyze and preparecomments regarding the same.An initial review of the documents provided, further supports the position wepresented to you in our May 3, 2019 letter. As reflected in that letter, the onlymonthly lease we had been provided at the time was a lease between the City andMendenhall Partners - not Mr. Holloran and not Homebase Partners. Based uponthe initial review, there remains no document that is titled or named a monthlylease between the City and Mr. Holloran or Homebase Partners. Despite who maypay for monthly leases, there are no actual leases with Mr. Holloran or HomebasePartners that we have seen.In addition, we have a statement from a former member of MendenhallPartners that further supports the predatory and troubling methods employed byMr. Holloran in 2015 when Mendenhall Partners secured the monthly leases.Attached to this letter as Exhibit 1 is the statement of Joe Rosson. Therein heexplains Mr. Holloran's efforts and motive in trying to control available parking inthe downtown Bozeman Parking Garage for his personal business interests. Inpart, he states that in 2015 (the year of the lease we have been provided):Mr. Holloran asked me to go to the City of Bozeman and find out how manyspaces were available to lease and if one person could lease them all. Mr.Holloran explained to me why he wanted to lease all of the available spots.He believed that if he could secure all of those spaces, the owners of theStraightaway Motors property and other property owners in the vicinitywould^nptbe^ble to sell their property to someone else for developmentbecause the property would not have enough^parking.Exhibit 1 (emphasis added).We are also aware that there is a petition circulating in downtown Bozemanthat opposes Mr. Holloran's request and thus bears directly on the issue you will beconsidering. In this regard it is important to note that there is a waiting list forpeople that need and want monthly leases. Mr. Holloran's request to convertmonthly leases to UDC spaces is not only unprecedented and not supported by anyexisting- policy but deprives other residents of their right to a monthly parkinglease. It is neither reasonable nor equitable to have one person/entity hoard Bozeman Parking CommissionMay 21, 2019PageSmonthly parking spaces that are not used for the purpose for which they werecreated.We understand that ]V[r. Holloran has made the argument that he is nottaking away parking that is available, but merely using parking space leases thatare already allotted to him or his company and points to other hotels (Lark, Ethaand Element) that have leases in the parking garage. He suggests that he is notasking for anything different than what has already happened, but this is untrue.This false argument would require the Commission to:(l) eliminate the distinction between monthly parking and UDC parkingspaces or at least pretend, for Mr. Holloran's sole benefit, that no suchdistinction exists;(2) ignore the existing individuals and businesses, who played by the rulesand are on a waiting list, who need and deserve a financial breakafforded by monthly parking lease rates, thereby elevating Holloran'sprofit goals above other residents' parking needs;(3) ignore the fact that the other hotels followed the rules and applied forUDC spaces instead of gaming the parking system;(4) condone hoarding, manipulation and commoditization of monthlyleases;"(5) allow monthly leases to not only be converted to UDC spaces but allowtransferability in violation of a clear policy prohibiting the same;(6) agree that the City should subsidize the parking portions of Holloranprojects, so he can (i) avoid going through the UDC process and (ii)pass on to others the actual cost of providing parking despite hisdecision to add new pressure to downtown parking demands;' and(7) find that hotels have a special right to demand they be given space inthe Downtown Parking Garage (irrespective of the passage of time)merely because other hotels have applied and been granted UDCspaces.None of the foregoing assumptions result in good policy, equitable treatment ofindividuals and businesses who need parking, or benefit the City. Rather, theywould appear to unreasonably favor a single interest.It also bears noting that the May 24, 2019 meeting, which is not a regularlyscheduled Commission monthly meeting, is on the Friday before the Memorial Dayweekend. We have heard that people who would otherwise like to appear and give Bozeman Parking CommissionMay 21, 2019Page 4testimony regarding the request, have standing plans to leave town to enjoy thatholiday weekend.Finally, in light of the recent production of documents, the time requested isnecessary to secure to the public, which includes our clients, the ability to exercisetheir constitutional and statutory rights to participate in a meaningful manner onan issue that is of significant interest to the public. These rights are included inArticle II, Section 8, of Montana's Constitution and referenced in §2-3-101 of theMontana Code. In fact, §2-3-111(1) of the Montana Code makes clear that"[plrocedures for assisting public participation must include a method of affordinginterested persons reasonable opportunity to submit data, views, or arguments,orally or in written form, prior to making a final decision that is of significantinterest to the public." See also §2-3-103(1) of the Montana Code (encouragingpublic participation). Thus, the public, including our clients, must be givenadequate time to review the information recently produced by the City because onlythen can they provide fully informed comments to the Commission before it makesits final decision.You continued this issue in February 2019 when it first appeared on yourAgenda, in large part, because of the request for records - records we only justreceived on May 17, 2019. Action Item. E.3 does not require a hearing and decisionthis Friday - it is not an emergency. Rather, the item represents a fundamentalchallenge to your policy made by a developer trying to avoid the cost of buildingparking for his proposed project. Please afford us (and the public) the time toproperly consider and analyze the documents the City recently provided so that wecan fully explain our position.Given the recent delivery of information, the foregoing comments and thegoal of the City and your Commission to be transparent and fair to all its citizens,we respectfully submit that good cause exists to continue Action Item E.3 to theJune 2019 meeting.^y/••Sincerely<^^-&1^/£^^7•^JobBrian K. GallikEnd.c. Clients (email only) ^^////^/T-STATEMENT TO THE BOZEMAN PARKING COMMISSIONBYJOSEPH ROSSONMy name is Joseph Rosson and I was once in a business relationship withAndrew Holloran in a company called M.endenhall Partners, LLC. I recentlybecame aware that Mr. Holloran is now trying to use monthly parking leases thatMendenhall Partners, LLC obtained in 2015. I gather he is trying to use thoseleases to satisfy parking obligations for a hotel he wants to construct on what usedto be the Straightaway Motors property. I have some information that may behelpful to the Parking Commission and the purpose of this statement is to providethat information.In 2015, when I was a business associate with Mr. Holloran, he made anunsuccessful effort to buy the Straightaway Motors property. Around the sametime, he discovered that there were unleased spaces available in the DowntownParking Garage available for lease. Mr. Holloran asked me to go to the City ofBozeman and find out how many spaces were available to lease and if one personcould lease them all. Mr. Holloran explained to me why he wanted to lease all ofthe available spots. He believed that if he could secure all of those spaces, theowners of the Straightaway Motors property and other property owners in thevicinity would not be able to sell their property to someone else for developmentbecause the property would not have enough parking.I went to the City and asked how many spaces were available to lease andcould one person lease them all. The person at the City told me the number andsaid that one person could, in fact, lease them all. I then relayed that informationto M.r. Holloran, who asked me to advance the money to lease all of the availablespaces. I refused. M.r. Holloran then proceeded to lease the spaces in the name ofMendenhall Partners, LLC.I do not do business with Mr. Holloran anymore.A•i—t-JOSEPH ROSSONDATED °^/^8/1^ LTR 5 East UDC response.pdf for Printed Item: 173 (Attachment 1 of 1)BOZEMANParking ServicesMTOctober 4,2018Mr. Andy HolloranHomebase Partners20 N.Tracy AvenueBozemanMT 59715Mr. Holloran:I have reviewed your correspondence of September 4, 2018, email delivery,requesting that the Bozeman Parking Commission grant fifty (50) long-term parkingleases in the Bridger Downtown Parking Garage for use by a potential mixed usedevelopment project at 5 East Mendenhall Street.As you are likely aware, the Bozeman Parking Commission adopted Resolution2017-04 (12-14-2017) which established a Parking Lease Policy and LeasejjmjtCalculation for the municipal parking garage and surface lots. Pursuant to theParking Lease Policy, "The total number of available spaces for rental, in the BridgerPark Garage, will be determined by the Bozeman Parking Commission utilizing theadopted Lease Limit Calculation methodology, as depicted in Appendix A of thispolicy."In preparation for the October 11, 2018, regular meeting of the Bozeman ParkingCommission, I recently revised the Lease Limit Calculation to reflect the currentstatus of leases sold [copy attached). According to the Lease Limit Calculation, thereare currently ten (10) "Total Leases Authorized For Sale" that remain unsold at thistime. The opportunity to purchase these leases will be offered to customers on thewaiting list maintained in the Finance Department. Therefore, there is no capacity toaccommodate your request at this time.I am available for any further discussion regarding the Lease Limit Calculation, andyour interest in securing additional long-term leases in the Bridger Park DowntownGarage.Respectfully, /t.•f..!^L^- • /Edwin R. MeeceParking Program Manager^"^^^?i^'^';?';\;ff'n!t':'7'<'v''''^-^'l;''?l> ' ' — nn •.D-.;.;n->n1:1" ' '.'1"1.'^ .,'.'.i;,'i"'•.._. •; ' • 1'' ' . ^";^A'fiIIJI':M:istolivestreet''! /@^^TDD: 406-582-2301THE MOST LIVABLE PLACE I£ &IllIllJil§ n. ujIP0m s'sjIRII<xI^HIII!w 6-sLO3:^•;^3.;a.*" ::-=ra ,.W10m^1-fNms?<t1~»E:-€%^rs)gBi»LT)rr>=3£i'»{II5IIee1IIsFM^-^•'—r'-'i503:isIII3IIIcsis§s%ijI.i=^III!Iis.iij{III.'5:1^''sIII-M^?°u 0.fc -= ^3Piffi!&tttlIll0-ESSIlltit'£r s sIlliuIt!"0 '"^'•E I .rIllIll•stt.111-S " EIlllitIll^ -°&litplll?nsSilIIs"&^gIIIllIlli!lIllE S"^IllliS.ijlllls^8111111111.slllllllll£^ii sros a sf sS 3 -i. ul=s s ^'Stt ^P S £!?. § s5 s,1111 I11111liliplllliiltlls.s^ s-ot^.r^m^s^**•0 0 CTs 1^~LT> tD <-1 <^1us<d-»II5)I^\IIsaI S ? c•oII2. 2^ s1111sI 111^*n LU£•sIMg R 5liH,Z S£ts a >7»f0-ts^s:sss1^8ss•&^E.6.£S E 5I s s£.vss•£s^S £^ t;£5^^s r;sgs0!Ics 3si ? r sssIIsj ^,^"'JOHN M. KAUFFMANJANEMERSENDENNIS L. MUNSONLILIAN. TWRELLJORDAN P. HELVESCOTT J.LORESOH(Montana admission pending)KENT M. KASTING, OfCowwlWILLIAM B. HANSON, RetiredKASTTNG, KAUFFMAN & MERSEN, P.OATTORNEYS AT LAWr^1.—/716 SOUTH 20A AVENUE, SUITE 101BOZEMAN, MONTANA 59718TEL: (406) 586-4383 FAX: (406) 587-7871E-MAIL: reccption@kkmlaw.netJune 5, 2019Greg SullivanTim CooperOffice of Bozeman City Attorney121 N. RouseBozeman,MT 59715Re: Report of Violations of Monthly Lease Policyin Brid^er Park Downtown Garage.Dear Greg and Tim:Over the past several months we have been representing a group of clientsthat were interested in, and opposed, Andrew Holloran's request to use monthlyparking leases in the Bridger Park Downtown Garage (the "Garage") as a substitutefor providing the parking for a new development that would be required underBozeman Uniform Development Code. The Bozeman Parking Commission declinedMr. Holloran's request at its May 24, 2019 meeting but based upon the work thatwe did an issue has come to light that we would like you, or the Bozeman ParkingCommission to address; namely, the improper transfers of monthly parking leasesin violation of the policy articulated in Bozeman Parking Commission Resolution2017-04 (the "Policy"). A copy of the Resolution is attached as Exhibit 1.As you know, the City ofBozeman provided us with about 180 emails on May17, 2019 in response to a records request we made in February 2019. That requesthad sought documents related, in part, to communications between Mr. Holloran orHomebase Partners and the City related to parking. As discussed below, welearned that the City's finance department was transferring monthly parking leasesat the request of Mr. Holloran or Homebase Partners or on its own in directviolation of the Policy. Bozeman Parking CommissionJune 5,2019Page 2The Policy identifies two types of leases (permits) for the Garage: (a) theStandard monthly permit (b) the "UDC Lease". With respect to the monthlypermit, the Policy expressly states that "Permits are not transferable; however, thelease holder may permit employees, or other individuals to utilize the leased space."We understand that the leases are monthly, but a tenant can pay for the lease ayear in advance. Notwithstanding that fact, we further understand that since thelease is limited in time, the City reserves the right to refuse to renew the lease orchange the terms of the lease at the end of the year. We have come to thatconclusion based, in part, on the documents the City has provided to us related tothe claim that Mr. Holloran made in his December 14, 2018 email to various Cityrepresentatives - addressed to "Team". Exhibit 2 (the "Team Email").In the Team email, Mr. Holloran represents that "Homebase currently has112 lease/permits in the Garage that are not committed" that he secured "almost 3years ago" and has been paying on an annual basis." We had never seen a lease toHomebase and as part of our document request, asked for a copy of Homebase'slease for 112 permits. We received a document in which ]V[endenhall Partnersleased spaces, Exhibit 3, but none between the City and Homebase. We alsoobtained a statement from a former business partner of Mr. Holloran thatconfirmed that Mendenhall Partners, not Homebase, was the tenant. Exhibit 4.When we raised this issue with the Bozeman Parking Commission (the"Commission", we received information that indicated that the City was billimHomebase Partners for 104 permits, as of December 12, 2018, and that the"customer" for those permits on the attached spreadsheet was not MendenhallPartners, but rather "Amy Bordeau" - for more than 100 monthly permits.Exhibit 5. The spreadsheet attached to that December 12, 2018 billing showsJanuary 1, 2019 as the effective date for the leases for specific permit numbers.However, shortly before the May 24, 2019 Commission meeting, we received adifferent spreadsheet - one attached to a letter from Mr. Holloran. Exhibit 6 Thespreadsheet from Mr. Holloran has the same permit numbers and the sameeffective dates, but instead of "Amy Bordeau" as the "customer", it suddenly shows"Homebase Partners" as the "customer". This begs the questions - who is the realtenant and why is the City allowing the transfers in violation of its policy?The questions are important not just because it appears to be a blatantviolation of policy to favor a single developer, but because there are Bozemancitizens/business who need a monthly permit and are on a waiting list. They have areasonable expectation that they will be treated equally and not be unfairlydisadvantaged to benefit another. Bozeman Parking CommissionJune 5, 2019Page3As we have reviewed the various emails that we received from the City'sdocument production, it appears that Mr. Holloran and/or his representatives havesimply treated the monthly permits ofMendenhall Partners as freely transferrable.In short, they simply transfer the monthly permits to whomever they want bycalling the City finance department and telling them whose name should be on thelease. Either the City finance department is simply unaware of the Policy, haschosen to ignore it, or applies a meaning, other than the plain meaning, to thelanguage of the Policy. In any event, allowing Mr. Holloran to switch the leasesamongst people or entities whenever he sees fit is a violation of the Policy and aviolation of the reasonable expectations, if not the rights, of the people on thewaiting Ust. While we appreciate that the Policy aUows a tenant to "permitemployees, or other individuals to utilize the leased space", it does not allow thetenant to transfer the permit or to re-name the tenant or do anything other thanallow a tenant to provide the City with a license plate number for someone that thetenant allows to use the space.The following documents we received from the City provide further evidenceof the wrongful conduct described above:•Exhibit 7: June 29, 2017 emaU fi-om Laurea dark - This emailappears to be a decision by the City's finance department to merge the billing forparking space leases all into Homebase partners for ease of location. It does not,however, change the identity of the tenant, which remains IMendenhall Partners,LLC, based upon the documents we have been provided.•Exhibit 8: September 28, 2017 emaU from Andy Holloran - This email,and its attachment, confirm that Mendenhall Partners is the tenant for purposes ofthe leases and indicates that Mr. Holloran believes he can move those leases towhomever he wants.Exhibit 9: October 11, 2017 email from Ed Meese - The email states,in part, "I suspect that Andy [Holloran] thinks he can simply transfer his AnnualLease spaces to UDC Leases, at will, as if he has 112 parking garage credits to dowhat he wants. I would disagree with that perspective, and argue it isn't in theCity's best interest on several different levels." .... "I was speaking strictly from theperspective of'annual' (or non-UDC) leases, with regard to the fact that they cannotbe transferred from one client to another without being returned to the City ofBozeman." The email goes on to recognize there is a "waiting list for annualparking leases in the garage". Bozeman Parking CommissionJune 5, 2019Page 4Exhibit 10: March 14, 2018 email from Mike Maas - This emaildiscusses an encounter with "Lauren from Homebase" who asked for copies of "allthe applications for Homebase's parking garage permits"; the "ones after aboutApril 2015". I do not believe we were provided copies of any such applications and,in fact, the email goes on to explain that what Mr. Maas found were 99 "under 5West LLC". Mendenhall Partners, LLC was involved in the project "5 West" but isa separate entity. How was it possible for 99 leases to go from MendenhallPartners to 5 West without violating the Policy?Exhibit 11: June 2018 email exchange between Laurae dark andHomebase representative Amy Bordeau. This email exchange reflects an apparenttotal disregard for the Policy's prohibition on transferability. While Ms. dark inthe Finance Department may accept payment for leased spaces from whomever, theactual tenant can only be one party and that party may not transfer the leaseamongst its various entities.Exhibit 12: September 6, 2018 email fi-om Ed Meese - This emailindicates that there are only 10 UDC permits available, but for some unexplainedreason, Mr. Meese is asking the City treasurer to hold off selling those 10 spaces toaccommodate Mr. Holloran's "5 East" development because it "may require somewiggle room(?)". There is no legitimate reason to give Mr. Holloran's projectpreferential treatment over another person who may approach the City for parkingneeds. This email raises more concerns than answers them.•Exhibit 13: October 4, 2018 letter from Ed Meese - This letter fromMr. Meese communicates to Mr. Holloran that there are only 10 "Total LeasesAuthorized for Sale" and then states that they will be offered to customers or thewaiting list maintained in the Finance Department" and further states there is"nocapacity to accommodate your request at this time". However, it is unclear whatthe relationship is between this letter and Exhibit 12, the intra-City emaildiscussing "wiggle room" for Mr. Holloran.Exhibit 14'- October 2018 email exchange between Laurae dark andHomebase representative Amy Bordeau. This email exchange reflects a completelack of regard for the prohibition against transferability and the inherit problemscreated by the failure to follow the Policy. It involves a "Citation Late Notice" andAmy Bordeau, the alleged "customer" for all 112 leased spaces. See Exhibit 5.Ms. Bordeau asks about who will be responsible for paying the citation if the ownerof the vehicle does not pay and "[w]ill the collection that be under my name ortheres [sic]?". Ms. dark responds that it will be the "owner" who is Mi. Holloran, Bozeman Parking CommissionJune 5,2019Page 5but M.S. Bordeau's email is attached to the account because, we presume, she is theputative "customer". See Exhibit 5The foregoing information leads us to believe that the Policy prohibitingtransferability has been either ignored and/or violated. It appears that it is beingdone by a single developer who takes advantage of the right to create legallyseparate entities. While taking advantage of the protections afforded the existenceof separate entities, that developer strategically merges those entities to movemonthly/annual parking leases amongst his entities. This not only violates thelanguage and spirit of the Policy, but disadvantages (and perhaps violates therights oJO those who have patiently been on the waiting list for the right to have amonthly/annual lease.We request that you share this letter with the parking manager Ed Meese, aswell as members of the Commission. After considering the foregoing, we requestthat the City enforce its Policy. If a party with a monthly/annual lease wants totransfer the same, it must first be returned to the City and made available to thenext person(s) on the waiting list. We look forward to hearing how the City willproceed with the information provided herein in a couple of weeks./Sine//.TohD^VI. Xauffman^-^-f-)^Brian K. Gallik ^^r<^cEnd.c. Clients (email only) EXHIBIT 1 Bozeman Parking CommissionPOLICY: ParkincrLease PQIKSV'Adopted by BPC Resolution 2017^(4 on 12/14/2017The Bozeman Parking Commission (BPC), in alignment with the guiding principles andrecommended strategies of the 2016 Strategic Parking Management Plan, recognizes the need toestablish a policy which clearly defines how permits and leases for parking stalls owned and/orcontrolled by the City of Bozeman will be reviewed, accepted, and encumbered. Nothing in thispolicy will imply, state or be construed as the transfer of ownership of the physical space beingpermitted or leased, or the provision of any rights other than those specifically stated.The Finance Department may issue surface tot permits or garage leases with the followingconditions:SURFACE PARKING LOTS OWNED OR CONTROLLED BY THE CIFC OF BOZEMAN:Willson Lot (35 spaces), Black Lot (71 spaces) and Rouse Lot (46 spaces)(No monthly or annual permits are available at the Armory Lot)Permits are available to individuals and/or businesses;Permits available on a first come first serve basis subject to availability;Permits are not transferable; however, the permit holder may pennit employees, or otherindividuals to utilize the permitted space.The Finance Department may maintain a waiting list for each public parking facility;Total permits available at each facility is not to exceed limits established by the BPC; at thistime, each tot is Jimited to total permits not to exceed 50% of available parking spaces.Permits can be obtained and paid for on a monthly or annual basis;• Permits available for up to 1 year, not to exceed the current calendar year;Permits must be renewed prior to January Ist of each year with fees payable monthly orannually;Permits that are voluntarily surrendered, or for which payment has not been made by therenewal date are subject to forfeiture or non-renewal;Permit payments begin immediately upon signing of permit agreement and annualagreements will be prorated;Permits are not transferable.BRIDGER PARK GARAGE (435 spaces totalt••Total number of available spaces for rental, in the Bridger Park Garage, will be determinedby the Bozeman Parking Commission utilizing the adopted Lease Limit Calculationmethodology, as depicted in Appendix A of this policy. The Bozeman Parking Commissionwill review the Lease Limit Calculation at its March, June, September, and December regularmeetings; and, as a result, may take action to alter the number of permits available.The Bridger Park Downtown Garage offers both a parking lease and a parking permit, forwhich addiUonal conditions apply:EXHIBIT/'• ••••1. Standard monthly permit;« Permits available to individuals and/or businesses;Permits available on a first come first serve basis subject to availability;Permits are not transferable; however, the lease holder may permit employees, orother individuals to utilize the leased space.Permits available for up to 1 year, not to exceed the current calendar year;Permits must be renewed prior to January 1st of each year with fees payable monthlyor annuallyPermits that are surrendered, or for which payment has not been made by the renewaldate are subject to forfeiture and reissuance to others;• Permit payments begin immediately upon signing of lease agreement and annualagreements will be prorated;2. UDG Lease-for meeting UDCDarkiha redulirements:• Only available to Entities required to provide additional parking spaces to meet City ofBozeman (COB) - Uniform Development Code (UDC) requirements;Leases are not transferable; however, the lease holder may permit employees, orother mdividuals to utilize the leased space.Lease Term for "UDC" leases shall not exceed 25 years in length;Lease limited to actual number required by COB to meet UDC requirement net of anyo^ets, reductions, SID/Cash-ln Lieu spaces or onsite spaces provided;Leases will be established utilizing the current Long Term Lease Agreement (LTLA)agreement approved by City Attorney:1. Applicant must make a written request for UDC teases to the Parking ProgramManager, describing proposed development ("Project") and number of leasedspaces required.2. Parking Manager will verify with the Community Development Department thetotal number of UDC required spaces for the Project, the number of UDC spacesprovided thru other options, and the net number of spaces required (which shouldequal requested number of leases).3. Parking Manager will provide the BPC with a Letter of Intent (LOI) outlining theProject and lease request. The LOt will outline the process, payment, scheduledreservation of parking spaces to meet the applicants UDC requirements, and theBPC's intention to enter into a LTLA upon successful completion of that processwithin the required timeframes.4. The Parking Manager will sign the LOI; providing a copy to the applicant and theDirector of the Community Development Department,5. Applicant will make payment for the space reservation to the Finance Departmentof an amount equal to 20% of the calculated annual payment, pro-rated to a monthlyamount, for the total UDC request.6. The applicant has sixty calendar days - from when the LOI is signed - to completethe 'Concept Review' process with the Community Development Department.During this time, the applicant will make monthly space reservation payments, asdescribed in #5 above. If the applicant fails to setisfQctorily complete the ConceptReview process within the required f/mef/ame, the LOI is voided and terminated -no space reservation payments will b6 reimbursed to the applicant. * 7. Upon satisfactory completion of the Concept Review process, the applicant willhave an additional sixty calendar days to complete the 'Informal Review' processwith the Community Development Department. During this time, the applicant willmake monthly space reservation payments, as described in #5 above. If theapplicant falls to satisfactorily complete the Infonrtal Review process within therequired fimeframe, the LOI is void and terminated - no space reservation paymentswill be reimbursed to the appficant*8. Upon satisfactory completion of the Informal Review process, within the requiredtjmeframe, the applicant will have an additional ninety calendar days to completethe 'Site Plan' review process with the Community Development Department,During this time, the applicant will make monthly space reservation payments, asdescribed in #5 above. If the applicant faUs to satisfactoiily complete the Site Planmview process within the required ffmeframe, the LOI is terminated - no spacereservation payments will be reimbursed to the applicant. *9. Upon final site plan approval, which is conditioned upon City Commission approvalof the LTLA, the Parking Manager and Applicant will complete a Long Term LeaseAgreement (LTLA) for final approval by the City Commission (CC).10. Upon issuance of the COB Building Permit, the remaining lease balance for thespaces stipulated in the LTLA must be paid in full for that calendar year. Uponpayment in full of the total lease payment amount, the Applicant will be providedaccess and full use of the leased spaces.**11 .The lease agreement must then be paid annually..:s* The Community Development Director may grant up to a (30) day extension inany single review phase if the reason for extension is the fault of the City ofBozeman.** In the event, the applicant has not applied for a COB building permit, within sixtydays of City Commission approval of the LTLA, the LTLA is immediately terminatedas well as rights to the leased (UDC) spaces.** In the event the building pemnit expires prior to issuance of an unconditionaloccupancy permit, the LTLA is immediately terminated as well as all rights to theleased (UDC) spaces. EXHIBIT 2 Ci!6euroehtlD;W?'.^)4.6091K.;••-Y.''i^i f•i:'^^ •:;:--From;To:Cc:Bcc:Subject:Date:Attachments:Andy hlolloran <andy@hbpartners.com>Brit Fontenot </o=city ofbozeman/ou=bozeman.gov/cn=recipients/cn=bfontenot>; Ed Meece</o=city of bozeman/ou=exchange administrative group(fydibohf23spdlt)/cn=recipients/cn=ed meece30a>; Chris Naumann<chris@downtownbozeman.org>5 East ParkingFri Dec 14 2018 08:02:55 MSTCONR Concept Review_MT HoteLFINAL 181023-pdfTeam,Attached is our Conceptual Application for our proposed project located at 5 East Mendenhall. As mostof you know, our request for night time parking in the Bridger Garage was denied. It appears there isnot a way to designate parking uses by time of day, ie. night time use for hotel guests versus day timeuse for office employees. This is unfortunate, especially given the limited occupancy of the garageduring late afternoon through mid morning.As indicated in our Application, the project has54 for hotel guests and 37 for the office use.need for 107 parking spaces, 16 for hotel employee's,HomeBase currently has 112 leases/permits in the Garage that are not committed. We secured theseleases/permits almost 3 years ago and have been paying these on an annual basis.Specifically for our proposed 5 East project, it seems there are a couple ways to handle the parkingrequirement:1. Convert the non-hotel guest required leases (qty: 53) to a long term UDC lease in exchange for 53 ofour current leases/permits and approve a new, separate long-term UDC lease for the hotel guestrequirement (qty: 54), knowing these leases are primarily night time only.2. Convert 107 of our 112 teases/permits to a long term UDC tease with a 25 year term and numerous 5year options to extendWe are interested in pursuing option 1 and welcome your feedback on how we best maximize use andrevenue of the Garage, while at the same time creating a structure that allows our proposed 5 Eastproject to move forward.We anticipate submitting our formal Site Plan Application in January and am hopeful this issue can beon the agenda for the January Parking Commission hearing?I am available next week if you have time to discuss.Andy HoltoranReminder: Our new website and email is HBPartners.com(.EXHIBIT^ ^HomeBase Partners20 North Tracy AvenueBozeman, Montana 59715406.404.1788HBPartners.comi 1<,..'s.sssssss^&^^sy-^.S^iI,1B'/ teE»a®<" i. 'Kwia^i:mmmff I R8ssli*r»»a^SsMigi?' "%S8mmss<&''.,•te. MIISiIgaKamkmSi-%(:«.f. ^.M/s%*^€1^wilfe*.^QM A ARCHITECTS' DLR GroupArchitecture Engineering Planning InteriorsHBPHOMEBASE PARTNERS .CONR Concept Review_MT Hotel_FINAL 181023.pdffor Printed Item: 158 (Attachment 1 of 1)TABLE OF CONTENTS | MT HOTEL• '••' • ... - -. ............. ...•-" ^ "•CONRCONCEPTUAL REVIEW APPLICATIONPROJECT NARRATIVEPROJECT DESCRIPTIONPROJECT GOAiSDESIGN INTENTMATEB1AL CONTEXTDdST^NG STRLICT^RE PHOTOSPROJEGTTIMfiFRN^ESITE IMRRpVEMENISPRQ^EeT^ATRlX;:'?ggy'..'.•;,'•:.-;.'":• - • 1:.:•••'•:/:SITg'©©|^g||||^,,- ;t3^iiS^iiSy'^'t•7i••'". :.l^|iis^l^|^lt?;li^lSE^iD^i^t PROPERTY USE•!M^^y^''•'''SCHEMATIC DRAWING SET;»'f: .t:-••,''- ,1"':;/: *'.^M;./ ;••».,..•..i^:I'. •'• >.:...?-;'•;A ,;y"t;fe'<i-.: •:•...•"'':,-;.'... . •;;^..;;..SSi'ffii^'-.S^IS.K&llr'^iffSiiffSiiSSSiSS&i'--><%^^::;®?cl^^^^'%^.^^^:;">';i,^^ ;^.iSV:,;-$?;^^ '%?';?y? ^;k:'''''.';?^"S;'''i;';>'':""\•.'•,•. "^ .;•; :'^"- '•••''. ^..-:.! •l. '"r'' ':•"" '• ^~,- '. ..•yn '-'^"'"-^'' ;:,:'^'^;l;::'i'^;^'^. < ifesl^f:'.: ^^. Siiil^^^^'r. ^ ;"^• !^^^SSi^':S^'''^^'{isSSiSiii^i-^i.^^:m:^^^i^.^^:"'::-5::^';^iiiSSilKi:^:';^^g.,.^;4-^iijasgg@sjj^::'^:"C1.0 EXISTING CONCMTIONS91^.SITEf^'^^^^^.lt£^b^:^.:::;^.,;:^^^^^^^GROUND + diR|ipE-|J^OR,Pl.|^||Jg]^@| :|^TYPICAL GUESl'I^QM^i.^t^'SafTllllvll-t^ARCHITECTURAUNSJaift^Cm^K4€?^ BOARDS vCONCEPTUAL BUt}-DjNi3.PgR^£CUlyESCONCEPTUAL BU1Vt3ilNS|M%ISAM|<S.^.S^'K^^'v':~' '^". ':"• '"iili%jtpv:l-v^;^^^t^--v\I. . CONR Concept Review_MT Hotel_FINAL 181023.pdf for Printed Item: 158 ( Attachment 1 of 1)*zIBOZEMANCommunity DevelopmentMTCONRCONCEPTUAL REVIEW APPLICATIONConceptual Review is an opportunity for an applicant to discuss requirements, standards and procedures thatapply to his or her development proposal. Major problems can be identified and solved during conceptual reviewbefore a formal application is fully developed and submitted. Conceptual review applications are reviewed by theDevelopment Review Committee and comments are provided in writing to the applicant following the review. Theprimary focus of conceptual review is to identify site specific challenges and/or constraints and critical pathelements which will affect the review process or submittal requirements. Conceptual review is required fordevelopments subject to Section38.19.050 BMC. This process is not for subdivisions or planned unitdevelopments. Those application types require a separate initial process, see forms PA and PUDC.1. PROJECTDevelopment Name:Project Description;MT Hotel6 STORY MIXED USE WITH 127 ROOM HOTEL AND OFFICE TENANT2. PROPERTY OWNERName:Straightaway Bozeman Investors, LLCI EXHIBIT 3 4j|,n ^Lo^^(^ -,>^t^L£-^^^'(ji'-'; :;' v^ .-"''' •'.•l-r, -•*:'.;')yROZFMAV PARKING; COMMrSSiOVBRfDC.ER PARK I.RASF A<.RFFMF\T^M.KNDAR VK\R 21115Customei IMN&T;e: ''v(-^^ £i' < •'.l.-^ '. [ !/^,.> r..., ^^. t.CL-r'.pgtiy Naiiit.-; .. _M i/.l?^.':''- .''^^ 1- i7'"L^ 'T ":~tJE-''-'_ ^.OiBiry Adrauss: _.J1:^ /:A_.. T:^.^<-^\i';)rc*"'tiAvi. l'?--^<.-.^»—.;^7 V&7..-].;i',:' •st.jik'; i*in!vfcF'iwtt;(B.l; _ .'"f.c^.'..,yi?''^' ^ ? ^ ^ I -•"<-" : A'W*'-1.C- •'sSil.t.'^*,.^ -l~*,^.-f^"A •;B^-2015 Monthly Rates', ii.-iteil.-e'iilseo.oo..-s' li^' ill^ii;'i. :'•;>;• Kill i p6f .•ri-ir-.n2015 Annt»al Rates (Ifl'fc discounti; fftKr) nwnthty rot<:|: jj:uitc»ry thni Occfmber ;&')5)^ Basemew; $e.l8.0'3 pc'- yiRn' CSn-I.OO p<sr moi-ith, Gsnfa-^l ?frii'! Gl'; \,w y..;u.- .$45 .OG per n'l.-itli.- M&W Bftdge.' Park ftitf.lon-ierft rc,ui,t at'.i-) f^v o t'.-i(' (.!'':' •u'o'iu-.ibly ccpovii f,;' :1".' A\." a;.-.-?.?. c.'3rd•rr /— - -^ , -Sl A./-1 ^7 r~P•r Amouflld^eS. , '^ ?- -o.tt:s. ' 3/, Jct'lyyyj t.ii'l i iic Monthly y-^innu;tllyCii'^»f/^J^ BY (NITIALLY HRRF, I fcs.sce 3«i»t!&5; poyfcunte arc due by the finat WORKING day of the monthPRIOR to month/period being paid for. Failure to make payment tiy thu dui; tlait.-, iii:<y »<s->i)li m thvtermination of the tease agreenient and/or denying the Les&cc thB ability to vc^css the parkins garage.ttaA<;nii'!ii! liint&s initiAlly i'.&ji-'d ahi- ft^'ftifit^'iC "' y-l;*4 ;;ii;fii;! y !;i;ynk'cd Is fc-y rc'iCtVed te.'&'iG Dscewfcer;''fJ1 G. l..c»sc h!>!dcvrs wili be alla'wd ro rericw c.n a mnnth tn "•.onih hs.*-."" '••ifi-iii-nirii'; ..Isni.fa-'y ;'U1h. ytid wil; buiKitifiL".! &1 leas'. 30 <tsyc. prio>' 'o bsi.cnic'r-.l teas';' nc'l bu"ii; Fi;r".."/.'L-'J.Lessee wiii ou pfov'idcd unKrnilca d«rotic,';i piiri'.fig ciunny thi.: pt.nod .3' ihe ifiar-B, r-a£on;'at!..ft ni.'iir.lflri.'ji •:;•! :-!||,..Ar^mo'^l.anri p.qrrollins diinngnor'fa; oosini".*. i&.jr?, ih/: I'^i^-vi c^iiirn;.-yiy'i ^tiatt n.ai tit: ri.-.^.unsitMt: fc'-ar'ydamBgcs.. ttiuft (>r>e!u«iiig AV). porsoiiuil ir'iu-ii.:'.'. c,-' duylh Qt;cur'ir;g cn any prop-sr?"^ "i.inssftd fc',' 1-*: P.ii'-.inc,Cort'iiTiiiy-icin; I'i'&ft"!'! sna'i pr;y ft'rft fipccifr'io '•vhr:n nj>';, i.&r: tt'ii~:'[r~:i l^.-jf, ;'i .;i ;.:y'u'i. "iy'vi.-;r.. yie L'"-' rcsF<?n^'b>s tor anydaTiiage, r/ersonal injycf oi deast-, csu&en by 1 &?.<;•°&. \i OS!?'.;u 5ig.'-iatyr»: C/ .. . ....___ E'a'.i;. ;/-L^//'S'Nfew C i*slom<:r& Only.*tAV1 I Ofl ^ ,./'€. (• ^ f1~^ t.'^'1- • •' hft?. l.x;v'i f-uu'vuu. i ;!Uv<. ft-iu <j dtposil o' $40 00 tnst \'- rerunR^hisupon it-.. 'utiftti St; IJ*u Ci;y ut (.ki/oiityti. t ir.yr>£c Oi-pi.ii'jnept a: 121 l'4 Rouse A't'r. ; Lir^ili-rfitflirt •li.'i' if I! r; l;ii, -:•, I'.r.tor r.tolo'^ ! mitst psy an ondiaonfil 5-IC 00 fc'' o r>c:v( A\'" tog.l.iy ini>j»iif»y h;sf'!: [.W.w. MitKiS: I'lUt i< tllO /•V! ,;; •w;t!'- tar si... msRlt-iS •f?om t.e ±-stf f.ifinsd bftio-A. Iirl.c-M.so forf&ls thf &.10 0^?^'l flAt-^^..--^^ „, ^/<1 &siwf- sifinstore'DU'.L.roi; sa- use QNL''' ;l;lft. (u llrliu •at]"l =a-1[:4<.-U>d.lI nlMi.-a A nrti.-K^ CT I •n'k.rii; :anA.a-r-Gil'rr.) i C.-i..-Efc FiK.-i.-l {n .Vr'\'£'' ra.-i-iL'i; /wtfwi '•• A'P;Sp't.-jd^h'j*^', Ui;<f:fl'l-*J1Ai*farr-''ttti- C^Nif^r .y^S'.-'i «. A-i*;-,rt .,.r . i-i,/'-'M.ii.'l,';-••-'~ '"'•V . ~1 '.e.v.r.-i .^.-- •ls-iK"-f^A'.I'I];^ ijl•fM;-ii! payTncc.l ;c>: City o{ E..-i?fin-.in PO Rr.» 'ly'ti'i. rtii,-,ttii:.iii, l.,.tl ?y/,-10' liftW: M\wr ft; Cily tlyit. 1^1 N R-?uisc AvcOiieM^it-?,- i'4i ;•••'>-Ay-?.l;VEXHIBIT3 /EXHIBIT 4* iISTATEMENT TO THE BOZEMAN PARKING COMMISSIONBYJOSEPH ROSSONMy name is Joseph Rosson and I was once in a business relationship withAndrew Holloran in a company called Mendenhall Partners, LLC. I recentlybecame aware that Mr. Holloran is now trying to use monthly parking leases thatMendenhall Partners, LLC obtained in 2015. I gather he is trying to use thoseleases to satisfy parking obligations for a hotel he wants to construct on what usedto be the Straightaway Motors property. I have some information that may behelpful to the Parking Commission and the purpose of this statement is to providethat information.In 2015, when I was a business associate with Mr. Holloran, he made anunsuccessful effort to buy the Straightaway Motors property. Around the sametime, he discovered that there were unleased spaces available in the DowntownParking Garage available for lease. Mr. Holloran asked me to go to the City ofBozeman and find out how many spaces were available to lease and if one personcould lease them all. Mr. Holloran explained to me why he wanted to lease all ofthe available spots. He believed that if he coul4 secure all of those spaces, theowners of the Straightaway Motors property and other property owners in thevicinity would not be able to sell their property to someone else for developmentbecause the property would not have enough parking.I went to the City and asked how many spaces were available to lease andcould one person lease them all. The person at the City told me the number andsaid that one person could, in fact, lease them all. I then relayed that informationto Mr. Holloran, who asked me to advance the money to lease all of the availablespaces. I refused. Mr. Holloran then proceeded to lease the spaces in the name ofMendenhall Partners, LLC.I do not do business with Mr. Holloran anymore.AJOSEPH ROSSONDATED °^lo8j^EXHIBIT4 ..•'..•^EXHIBIT 5 BOZEMANFinanceMTDecember 12, 2018•^ftrm-eJb^S^In 2019, monthly permit prices for the city-owned parking garage will be increasing by $10 00 per permit. General parking willbe $70.00 per month and the basement rate will be $80.00 per month.Annual rates offer a 10 percent discount off the monthly rate. At $756.00 per year for the general rate, users save $64.00. Forthe basement, the annual rate of $864.00 is a $96.00 savings.The pennit prices for the Rouse, Willson, and Black surface lots are increasing to $50.00 per month and $540.00 if paid inadvance for the full year, a 10 percent discount over the monthly rate.Annual and monthly permit hoklers are automatically renewed upon receipt of payment. Payments must reach us byDecember 31, 2016 to ensure your account is updated so you will not be ticketed beginning January 1, 2019.Payment for your permit is also processed through the City of Bozeman's Parking Portal. You may set up an auto-pay witha credit card after making your first monthly payment online. In addition, both ParWng Garage and Surface Lot permitholders will able to manage their parking permit online; sudi as changing an address or the license plate assigned to yourpermit. In order to transfer parking privileg&s between license plates, a customer wll need to access their account throughthe online portal at www.bozeman.nefgovernment/patking; or call the Finance Department at 406-582-2337. To use theonline portal, your User ID for login is below. Once logged in, dick on "Manage Permits" and then click on the Permit youwish to manage. On the Permit Details, page you may add and remove vehicles and manage billing for auto-pay. The vehiclemust be added to the permit and not just the parking account for the LPR based permit to workParking Portal InformationUser ID: oi3^^0Permit Number GrHOO'JO?'-^-f^ 00^08Permit Expiration Date / 2-/a.( () <?Permit Amount Due:r ^^/O^ p^r^fhsAuto-pay is only by credit card and must be set up online. Payments may also be made at City Hall, 121 N Rouse Aveor by calling (406) 582-2337.Payments must reach us by the last calendar day of the month to allow far permit parting beginning on the 1st and to avoidreceiving citations. Permits that are not paid within 5 days of this date will be forfeited.Sincerely,City of BozemanParking Department121 N. Rouse Ave.Office Hours: 8:00 a.m. - 5:00 p.m. Monday - FridayPhone: 406-582-2337^c^^r-l82&^EXHIBITJ' Oarage Annual PermitPermit it License plate/CustomerAmy, BordeauGM007Q5GM00706GM00707GM00708GM00709GM00710GM00711GM00712GM00713G/A00714GM00715GM00716GM00717GM00718GM00719GA<00720GM00721GM00722GM00723GM00724GM00725GM00726GM00727GAA00728GM00729GM00730MT CGT860MT B56LNMT 438589MT 684867BMT 663984BWY22TWINMTWANMANMTBAE211Amy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauEffective Date01/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/20t901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/2019Expiry Date12/31/201912/31/201912/31/201912/31/Z01912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912^31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/2019Amount$756.00$756,00S756.00$756.00$756.00$756.00$756.00$756.00S756.00$756.00$756.00$756.00S756.00$756.00$756.00$756.00$756.00$756.00$756.00S756.00$756.00$756.00$756.00S756.005756.00$756.00 GM00731GAW0732GAA00733GM00734GM00735GM00736GAA00737GM00738GM00739GM00740GM00741GAA00742GM00743GM00744GM00745GM00746GM00747GM00748GM00749GM00750GM00751GAW0752GM00753GM00754GM00755GM00756GM00757MT 620278GMT 670839BAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, Bordeau01/01/201901/01/201901/01/201901/01/201901/01/20t901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/Z01901/01/201901/01/201901/01/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/3V201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/2019$756.00$756.00$756.00$756.00S756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00S756.00$756.00$756.00$756.00$756.00$756,00 GM00758GM00759GM00760GM00761GM00762GM00763OM00764GAW0765GM00766GAW0767GM00768GM00769GM00770GM00771GM00772G/W0773GM00774GM00775GM00776GM00777GM00778GM00779GAA00780GM00781GM00782GM00783GM00784MT 695550BMT 655099BMT 6Z0278BAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, Bordeau01/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/2019$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00S756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00 GM00785GM00786GM00787GM00788GM00789GM00790GAA00791GM00792GAA00793GM00794GM00795GM00796GM00797GM00798GM00799GM00800GM00801GWO&02GM00803GAA00804GAA00805GM00806GM00807GM00808MT 660882BMT 5666252MT BXC428MT627476BAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, BordeauAmy, Bordeau01/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201901/01/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/r31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/201912/31/2019$756.00$756.00$756.00$756.00$756.00$756.005756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00$756.00Count: 104Sub-total: $78624.00 EXHIBIT 6 DHBHOMEBASE PARTNERS20 North Tracy AvenueBozeman, Montana 59715HomeBasePartners.com406.404.1788RECEIVEDMAY 2 32019CITYAn-ORNEvBozeman Parking Commissionc/o Tim Cooper, Asst. City Attorney121 N. RouseBozeman, MT 59715Dear Commission Members:This letter responds to the disingenuous and self-serving attempt by a highly paidcorporate attorney on behalf of deliberately undisclosed clients to further delay parkingfor a new Bozeman hotel. The development of the AC by Marriott Hotel will improve thetax base, create jobs, help solve the lack of overnight rooms, make productive use ofparking and serve many other interests of the City and its citizens. Undisclosed clientshave no legal standing to complain (there is no way to determine if they meet the legaldefinition of "interested parties") and there is good reason for Mr. Kauffman to hide theirtrue identities. The clients are almost certainly not concerned grass root citizens, butinstead likely corporate interests motivated by greed. Mr. Kauffman is the long-timeattorney of Rick Ogle who has an interest in yet another delay, since his Element Hotelfears competition. This appears to be no coincidence. Every day of delay is morecorporate profit at the expense of the City. For perhaps the first time in the 136-yearhistory of Bozeman, the complainant is hidden. It is improper and should not betolerated.No delay should be considered without full disclosure by Mr. Kauffman, an officerof the court, under penalty of perjury regarding these shadowy interests. Delay onlyserves the attempted monopoly of a competing hotel. Upon full disclosure of theseclaimed, "concerned citizens", I will stipulate to a short continuance. This compromise ismore than fair. Without such disclosure, there is no way to confirm any legal right tocomplain as required by Montana law.Attached is confirmation of the parking permits at issue which has long beenpublicly disclosed and which undisputedty resolves the issue of ownership. However,the real issue is not the permits, but whether use of the parking garage during eveninghours serves the City's interest and without question it does. Data has confirmed thegarage is significantly underutilized. In fact. City data confirms during the daytime hoursthe garage rarely exceeds 50% occupancy and during the evening it is less than 30%full.EXHIBIT^ There are literally hundreds of unused parking spaces in the garage at almost alttimes of the day and night. Mr. Kauffman has delayed a decision since at leastFebruary. Claimed "citizens" and sudden "petitions" have had half a year to comeforward and have not. This is because there is no good faith opposition. Instead, thesupport has been overwhelming, especially given the fact the request is to merelyreclassify existing permits.This last-minute attorney led effort seems to be an orchestrated scheme fueledby hidden money. The fact that this claim has unclean motives, and this repeatedrefusal to disclose the moving party's identity says it all. Numerous hotels have alreadybeen granted long term parking leases and this discriminatory attempt to obstruct anddelay is without cause.Again, I will not object to a short delay so long as the dark money behind therequest is disclosed. But we all know that there will be no disclosure and the likelyreason why.Sincerely,Andy Holloran Permit 8VehicleCustomer NameEffective Date Expiry DateSM00705GM00706GMn07()7GM0070SGM00709GMOOTIO<SMa071!GM00712GM00713GMQ07146M007156MQ07166M00717GM007186M0071S6M007206M007216M&0722<Slu!007236M007246M00724GMQQ72S(3M00725SM00735GM007265M007265M00727GMO&72S6M00729SM007306M0073iSM00732SM00733S»ifl&0734SM007356M00736GM00737GM007386M007396M00740<3M007<1CM00742GM00743(3M007'l/iMT-CGTS60MT-B56LNMT-438SS9rfrT-684867BMT-6639S4BWY.22TWINMT.69dQ71BMT.WANMANMT-CBM3S2M~-WANMANMT-BAW50SMT-8AE211UT-V22S6PMT.62Q278BHomeOaie PartnersHometia$e PartoeraHomebase PartnersHomebase PartnersHaniel?ase PartnerHomebase PsrtneraHomebsse P&rtnersHomebase PartnersHomeb?$c PiirtnersHomebase PartnersHomebase PartnersHoniptifl'ip Paftncr!;i-lomeha.w P.irincrsHonneb?-?e PartnersHom(;b<>ip Piirtngrsl)omeb;isi>P<iil»er!.Homsbase PartnersHomel;as& PaitnofiHomebiise Partnerstiomebasn P^rlnnsHomchase PartnflrsHumcbiisc ParfoarsItomebase PartiifirsHcimi'bai.s PartnersHomebase Partner!Homebaie PartnersHome684e PertnersHomebsso ParlncrsHomebasePaiirwisHbmebase PartnersHomebase PartnersHomebase PartnersHomebase PaitnersHunietiaiitiPdTliiutii1'ionr'ebsse PartnersHoi'n^liAse PailneisHoniebsst; I'iirtiwisHomebase PartnersHomeb.isc Parowr;Homebase PartnersHonitbase PartnersHomcnasa PsrtncrsHomeba5e PartnersHonaeb^so Parrneis03/01/201901/01/201901/01/20IS01/01/2019Ql/Oi/zoiS03/03/3018oj/ai/301901/02/201S01/01/201°01/01/201S01/01/3oia01/01/201901/01/201301/01/201901/01/201S01/01/20:3ai./oi/20ii)Ul/03/.'OlS01/01/201901/01/301901/01/201961/0)/3niS61/OI/-!01301/01/201901/01/201901/01/.201901/01/2019OJ/01/M1901/01./201S01/01/201601/01/20l9Ol/OJ/201303/01/201301/01/201301/01/201901/01/2013oj/ouzais01/01/201501/01/201901/01/20U01/01/2019Q1/01/201Soi/oi/zoisOI/01/2C1312/31/20l912/31/2039izysi/^ois12/31/2019U/31/20I912/31/201S12/31/201"12/31/201 S12/AI/3.01913/31/30l312/31/201SU/31/2019IWl/fM1)iWift.m912/31/i01912/31/201i)12/31/201912/.tl/201S12/3]/?03B12/31/103812/31/20.1812/A1/.201S12/31/201912/21/2013P/31/2019I^/31/2(>19l2/3V,(ft]912/31/2019l.Z/SL./iOl'i12/31/20i9l;/3l/201912/31/20U12/31/20]912/31/20191Z/3V201S12/31/2Q1SU/31/203S12/31/5oi3l^/31/?OI'l1V33/201912/31/20l9l7/33/?01912/33/201912/33/2039 .. ..*.6M00745CM00746GM007476M007486MOO?49GM007506M007S1GM007S26MOO/536M007546MC0755GM007SS6MOn7576M0075S(3M007!;9SM00760GM00761SM00762GM007656MQ0164GMC076S(iMUQ766GM00767GMOO'/fiSGM007696MOONOGM007716M03772GMOQ773G(u10077'l6M007756M0077SGMO&7??GMQ377SGM0077SGM00780GM007816M007S2GM007S313MQ0784GM007S4GM007S5GM0078$6M00787SM00788r\flT-AAJFS816MT-670S39BMT.69SSSOBMT-635293BMT-fissoasaVA-XFM4+45Mr.6202?&&MT-620278BI'..1T-660SS2BMT-5666252Hamebais PartnersHamsbaifl FArlri-'iaHorr,eh»i<? PartnersHowebase PanneriHomelww fannersHomebase Partr.enHomebaiciPadnersHomeb.ise PartnersHomebase ParaisrsHamebase PartnarsHumcbase PartnersKoniehase Partnrf.Homrhiise PartnersHnmeb.iss PsrtnsrsHomebBse PartiiuisHomeS?3?e Pannc-riHonwtaase ParrnersHomt'b.r.e PartnersHomebase PartnersHoniebase PartnersHoma&aw PartnersHomcbase PartnersllomebnS" PartnersHomebise PanncrsHomebaie PartnersKomebase Partner;Homebase Portnerstiomebase ParineriMonieb<i',e PartnersHomebasc Piim-ipi-j;Homebase PartnersHomebflsa PartnsrsHomebase P.irtncrsHomebasc; P.irtnariHomebase PBrtmrsHomebase PartnersKomebase PartnersHoniebase ^irlntisHonwbsx PartnersHoroebas® PartnersHomebsse PartnersKomebase Partnc.'sHoniebasfl Parliiftrstloireiiase Pii'tniirsHorr.ebase Psrlners03/01./201S01/d/20lS01/01/201501/01/201SOl/Ol/^OIfyi/01/201901/01/2019Oi/Oi/303Sni/fn/Mig(11/01/201901/01/201901/01/2U1"01/01/M16<)1/01/301301/01/201.9Ol/ni/2039Di/Ot,'MlSisi/oi/'zni?)Ol/U.l/.iOU03/OV<!01901/01/201901/01/201901/01/2(11901/0.1/201Sfl1/01/2019()1/0]/'701<)OI/01/201?01/01/20I&Qi/oi./.,'n]i01/01/2019oi/m/.ioio0)/OV.)0]S01/01/201S01/01/3019Ol/Ol/.IOl'i03/01/3019Ol/OI/ZOlS01/01/201Soi/o v?a isU1/01/7Q11(11/01/2019ai/01/201901/01/20JLS01/01/3Q1So-i/ni/.'>Qi&17/3]/201S1.2/S1/2019JZ/31/201S12/31/201S35/S1/201912/31/20l912/31/201512./31/201S13/:!t/'?01917/31/20l8l2/31/?ai912/31/201912/?,l/301312/31/301912/31/20l312/31/20jq12/;S1/.!(11912/31/2013•tf.Wlf.OW12/31/iOIS12/31/201$12/31/201312/31/2019l^/31/?0t9WsipmgU/31/M1912/31./7UIS12/31/i01912/31/.201SI?/31/301912/31/3Q1012/31/2i11')I3/31/203S1^/31/201912/3J/?-019.12/31/3.01912!31/?.Q1<)JZ/ai/301912/31/201912/31/201912/31/M1')12/31/201917/3V.201912/31/201912/31,'201S SMC07896M00790GMOQ791GM00792GM007S3GM0079'!GM007S5SM007966M007976M007985M007S5SM008006M00801GMMOS026MQOS03<5MOO$04SMoosnsGMOOS066MOOS076M008Q8GMO&8636M00864SMoosesGMOQ866GM00887SM00869flM00870SM008716MQ0872MT-CHZ13SMT-DXC428MT-62747CBHomebasc PartnersI (omefaaie fartnersMom.ebase PartnersHom?base PannersHomebase PartneraHomebase PartnersHomdisse I'srtnersKomebasg PartnersHomebgse PdrthersI loinebase PartnersHomebase panni>isHomebase PaniictiHon'ebase PartnarsHomebssa PartnersHomuhase PartnersHoineb.isc PartitsuHomehaie PartnersHomeb.iie PdilnursHometosc- PartnersHomebsse Pannci'sHomebase PartnersHomebase FannersHomebase Panne nHomebase Partnei*Hoinebasi;' PartntisHomebase PartnersHoinebase PartnersHomebase PartneisHomebase FannersQi/oi/aoig01/02/201901/01/20l901/01/20U01/01/2019Oi/01/2019oi/oi/zois03/OIA'OIS03/01/201901/01/701901/01/2fllt)01/01/201901/01/201S01/01/?01901/01/201901/01/201901/01/201S01/01/201fi01/01/201S01/01;201S01/01/201901/01/201901/01/203901/01/2039Ul/01/^01901/01/201901/01/201901/01/201903/03/201912/31ftM9iz/ai/.-'oisia/31/.iois12/31/2013l2/3l/2uiy12/31/20191S/3;/2Q1S13/31/2013•ii/31/201912/33/2019l2/3i/.,>OJ?12/31^'Uig12/W201B12/3]/?01")17/31/2Q1S12/31/201112/31/20l312/33/201012/31/201512/31/2019i2/il/2Q1312/31/201S12/31/201312/31/201912/3i/201912/31/201?12/3J./201S12/3.1/2013-12/3V2019113 Permits EXHIBIT 7L••< . A/.•'*/..^^ji^ffi^®M^^^^ft^;£®^^N^4tB^^®i^^^^From:To:Cc:Bcc:Subject:Date:Attachments:Laurae dark </o=city ofbozeman/ou=bozeman.gov/cn=recipients/cn=laurae>Kate Hayden </o=city ofbozeman/ou=exchange administrative group(fydibohf23spdlt)/cn=recipients/cn=kate haydenf54>; Zoe Maliske</o=city of bozeman/ou=exchange administrative group(fydibohf23spdlt)/cn=recipients/cn=zoe maliske046>; CarolNeibauer </o=:city ofbozeman/ou=bozeman.gov/cn=recipients/cn=cneibauer>Parking Garage / AR UpdatesThu Jun 29 2017 11:21:56 MDTimageOOI.jpgI have merged the AR accounts for 5 West, Mendenhall Partners, Homebase Management & LaurenJohn all onto Homebase Partners. They will still have a PG account and a PC account type though.Kate,We need to update all of the permits in the Garage for them into the name of Homebase Partners aswell, so it is consistent and easier to find.Thanks,Laurae dark j TreasurerCity of Bozeman 1121 N. Rouse Ave. | Bozeman, MT 59715406.582.2326www.bozeman.net-IEXHIBIT7^JL< EXHIBIT 8 PQGunnent ID: 0,7.?SQ4^S@3•^;:vff r:^From:To:Cc:Bcc:Subject:Date:Attachments:Andy Holloran <andy@homebasemontana.com>Ed Meece </o=city ofbozeman/ou=exchange administrative group(fydibohf23spdlt)/cn=recipients/cn=ed meece30a>ParkingThu Sep 28 2017 14:47:40 MDT5W City of BZN Parking Agreement.pdfHi Ed,Hope you are well and enjoying this beautiful fall weather!!t was at City Hall yesterday working with the parking staff to review our lease situation in the ParkingGarage. It appears there may be some confusion and I want to make sure we are on the same page. Ihave attached the long term lease with Mendenhall Partners for 50 spaces that was executed in June2015. In addition, we have another 116 spaces that are general in nature as we have the parkingpasses in our possession.Our tenants have moved into 5 West and we are at the point where we need to provide employeeparking as indicated in each of the tenant lease agreements with 5 West. As a point of clarification,Mendenhall Partners is the General Partner for the 5 West ownership entity.I am happy to meet and discuss anytime.Thanks Ed.AndyAndy HoltoranHomeBase20 North Tracy AvenueBozeman, Montana 59715406.404.1788HomeBaseMontana.com1EXHIBITs 5W City of BZN Parking Agreement, pdf for Printed Item: 196 (Attachment 1 o11)AFTER RECORDING PLl'-ASfi RErURN TO:Sconl.eePaAang Managpr, City oi'BcniimanPOBox 1230ftoroman, MT 59771-1230.%ift^!BOZEMAK PARKING CX3MWISSIONAGREEMENT JEOR THE USE OF PWBK1NG SPAfflESIN THE BWDGER PARK DOWNTOWN INTERaBODiUL FACU-IT^THIS AGREEMENT made and entered into this 3rd day of June 2014 by andbetween the VCeJSWM PARIQNG OONKNSStON, an entity of fhe City <rf BuEeman,Montana, created pursuant to City of Bowman Resolutuns 1676. 1839. and 3803 ansi tflrmedunder the laws of tin State of MontsBia, wth s maiSng adUress of PO Box 1230, Bozeman, MT597? 1 (She "Partiing Commisaon") and Mendenhdl Partners, LLC (hereinaller the ••Lessee'),with an address of 20 N. Tracy Avenue, Bossetnan, MT and a mailing address of 20 N. TracyAvenue, CkfZ&iwart, MT 59715.WHEREAS, the City of Bozeman is the recipient of & Congressaonalappropriation dedicated to the oonstrurtion of the Bridger Park Downtown InfermodalFacility (Bridger Pari<); andWHEREAS, the Paridng Commssion fe the entity charged with the regutetion offparking in the City of Bozeman and is authorfaed by law to enter into lease and rentalagreements for the long term use of the Bridger Pa»k.NOW THEREFORE, in consderatton of the mutual promises and CQnsidefStionhereinafter described, and ofter vatuabla oonsi(teratioft, the receipt and sufficfency ofwhteh are hereby acknowtedged. the parties da agree as follows-page l of 7 5W City of BZN Parking Agreement, pdf for Printed Item: 196 ( Attachment 1 of 1)1. Purpose. 7?ie Lessee desires to use pariking spaces in the Bridger Park for thesote purpose of providing parkins for the Lessee, located at 5 WestMendenhaU Street, Bazeman. MT tthe UPn>perty*). Said parking shal! be for the useof Ihe Lessee, indudlns without iimiting, its owners, employees, guests, invifaees,and suppliers. This Agreement sets forth the terms pursuant to which the PartengCommission authorizes the Hotel to use such paridng spacee.2. Tenn of AareeenentfrBnnination. This AQreement shall be executed and efectitoeno later AMI Final SBe Pian approvat ftom the City of Bozeman Department ofCommuni^' Detfeiopment. The term of lease for parking spaces as provided forherein shall oommCToe rto tafer than the issuance of a certiftcate of oocupanq» fiwnthe City of &oze<nan Budding DJvwiQn. The tease issued hereunder shall be in effectfor no less fiian 25 years ffwn the date of tea&e of parking spaces. The parties mayrenew this ^reemeiit and »<e lease issued hereynder fojr five (5) additional ffve (5)year periods upon written request by the Hotel. The Lessee may not terminatethis Agr&ement wthout the prior written consent of the Parking Coinmissaon. TheParking Coinmission may not ferminstt'e this A^reetnent unless such teiminafon isrequired by law.Notwfthstanding the above, unless olhewise authorized tsy the ParttinQ Manager inwriting, this Agreement shall terminate automatically should 8ie firel site planapproval for the Property^ if granted by the City of Bozeinan, lapse pursuant tothe inequiiieraients ol 38.19.120.E. BMC but in no case shall this Agreementremain in efltect induding the oWiigatton of the Paricing Commission to leaseparking ^aaoes under this Agreement should the Lessee- not obtain s buildingpermit ffom the City of Bazeman within two <2) yeais of tfte effective date of thisAgreement In addition, this Agreement shall terminate if g buiWing peirnit isissued wlhin two <2) years of (he eft&ctive date of 8iis Agreement but a finaloccupancy pemiit is not issued by the City of Bozeman wiBim foyr (4) yeare of theeffectnre date 0'f this Agreement In addition to the above, this Agreement and thelease hereunder Is specifically contingent upon the Lessee obtaining fee sinnpleownership interest in the Property. Should Less&e nol obtajn fee simpleownership in the Property prior to May 1, 2015 this Ag^eemenl shall tenninate.3. KfJUjiber apd y?e of Parking _5oflC^». The Parking Commission &hall makeavailable to the Lessee no more than fifty (50) spaces for the sole purpose ofprovidinQ parking, and access thep^o, far the use of the Lessee for theProperty on a 24'hour basis. The ParXing Commission shall, upon request,provide Ihe Lessee no8oe of how many paiking spaces are availaUe forLessee's use for the Prop&rty on or before December 31 each year. In addifonto the above, the Parking Commission shall provide repair and maintBnance,PaeeZof?^ ' 5W City of BZN Parking Agreementpdf for Printed Item: 196 (Attachment 1 of 1)including without llmitins, graflfirti remavsl, stripinQ, and po&nte/cract( repair duringnormal business hours.4. Rate and Ad^ustmen^,AVI 6cc«SS C^r^. The Lessee shalf pay Ihe ParkingCommission a bulk rate of thirty three dollars and seventy fivecents (S33.75) per month per space upon Gomm&icement of tfie lease as setforth in paragraph 2, 'n*e Paricins Conimisston may increase the rate without piiornotice to fhe Le^ee cm an annual bas® in aoociidanoe with Parkins Commissionpolicy. Such policy nequires rates to be estabBshed in cojnpliance wj»> the MasterAgreement as discussed in SecBon 5, below. The Paricing Commission maychaiige s rehindabte deposit and actual wsts of repfaoement for AVI access cards.5. Federal Fapility/Paikin^ GommissMiin Cai^pl. The Lessee reoognizes the Cityof Bozeman constrycted ttie Bridger Parti with funds obtained through aCongressional appropriation as admiitistered by the United Stales Department ofTransportation's Federal Transit Administratwn (FTA Project No. MT-04-0004^0}.In addition, the Lessee recognizes the Cjly of Boz^man annually enters into anasreement with the FTA called the Master Agreement <FTA MA{18), October 1,2012) (EAibit A), In its use of paiking spaces under this Agreement (tie tjesseeshall take no action w^feh would adversely affect (he fisderal interest in e BridgerPark and shall at all times use the parking spews in a manner that oomplisswith the Master Agreement Further the Lessee recognizes that the City orBozeman must maintain safefactory continuing control aver the Bridger Park andthat ftiene may be no interference widi transit functions. Any revenue cottected inexcess of openaKan end mainl&nance cosls are to be GommiUed to (he provision ofpublic transportation ssnricesThe Lessee agrees the Parking Commis^on has and may adopt rules.regulations, and administrative directives (or the reasonable operation of theBridger Park. The Lessee shall abide by all such rules. reQulaSons, and direcfives.6 Nodlfication and Assianabiiav: This document contains the entire agreementbetween the parties and no statements, promises or inducements niade by eitherparty or ^ents of either party not contained in this written Agreement may beconskiered valid or binding. This Agreement may not be enlarged, modiffed oraltered except by wrftten agreement signed by the perfie's hereto. The Lesseemay not subconb-act or assign ite rights or delegate ite duties under this^reement wrthouf the prior witten consent of Pariyng Commission.V»Se3fft7 5W City of BZN Parking Agreement.pdf for Printed Item: 196 (Attachment 1 of 1)7. fiompli^nce with Unlfieq I^iflEslffoment Code: The Lessee acknowrtedges it isrequired, pursuant to the City's Unified Development Code (Chapter 38, BMC), toprovide peirking spaces for Lessee uses for the Prtqserty. The Lessee intends tioisAgreement lo satisfy some portion of its D DC psriong nequirefliient forthe Ptoperty.As such. Blis Agreedienf is ne'vocaMe only witti the prior written approval of theappropriate UDC rewew auttiority.8. ABftlicabilihR This Agfieeinent and any extensiofls he»eof shall be governed »ndoonstroed in acconlance with the laws of the Stale cf Montana,9. Non-<|liscrimination. The Lessee Shall not discriminate in tfte futRllment of thisAgreement on tiie basis of ooe, color, religion, creed, sex, age, maittal status,nattonai origin, or actual or peno&ive^i sexual orientatiojn, gender identity or disability.10.1ltdfiiBG!Pifieati<m/Hold Hannless. The Lessee agrees to the fuller extent permittedby law, to defend, jndemnrty, and hold the Parking Commission and the City ofBozeman including their officers, sgenifr, a»td emptoyees, the Intemnodal CommerceCondominium Association end its individual Llnit Owners, and the MendenhallMaiketplaoe Condofliiniuin AssociaBan and its indivkiua) Unit Ownere hsrmlessagainst daims. demands, proceedlftfl. suits, damsge®, losses, and expensesinduding attorney fees and costs oonnected therewitti ttiat may be asserted orclaiffred against, wcoveTed from or suffered by any of e above by reason of anyinjury or loss, including but not limited to, personal injufy, including bodity injury ordeath, property (teinage, loss of use, or other injury or lass of any kind occasionedby, growing out of. cw in any way arising or resulting froim any intentbnal, reckless, ornegligent del on Ure part of the Lessee, its owners or employees white usingthe Bndger Park, and those, invifcBes» suppliet"s. lessees, iteensees, guests.patfons, officers, or agente , autborired by the Lessee to use the BridgerPark pursuant to the terms of this Lease.The Lessee on behalf of its lessees, licensees, guests, patrons, empJoyee$,offksera. and a^enls, hereby waives any and ©II cfeiims and recsoun&e again^ thePartdng Commission, the City of Baizeman. including its officers, ageitts oremployees, and the Interrnodal Coinmerce CcwKtommium Association and itsindividual Unit Owners, and the Mendenhgll Marketplace CoindominiumAssociation and its Indmdual Unit Owners including the right of contribuUon tortoss or damage to person or property including loss of use arisinfi from. growingout of, or in any way connected with or incidenE to the perfOrmanoe of thisAgreement except "responsibility for his ONWI fraud, for willful injury to the personor property of anoth&r, or for violaBon of law, whether wiltfu! or negligenf as per28-2-702, MCA. Nothing oontained in this paragraph shail be constniecl as thePage 4o(7<> ' 5W City of BZN Parking Agreementpdf for Printed Item: 196 (Attachment 1 of 1)I.Lessee wahnng any daims and reoeurse against the Pariang Commis&ion, the Cityof Bozenr>an, including its oflfoere, agents or employees for a breach of thisAgreementShould the Parking Commiesion. the City of Bozeman. the (ntermodat CommCTceCondomuiium Association to indude its indiwduai Unit Owners, or the Mend6nhallMarioetpteoe Candominium Associafen to include its Unil Owneis be reqyiped totning an actton against the Lessee to assert its tight ta d^ense orindemnification under this Agreemenl any of the entitfes named above shall beentitled to recover its reasonable oosts and attorney fees incuned in asserting ibsnght to indeninificatkm or defense but only if a court off canpetent jurisdicttondetennines the Hotel was obligated to defend the daim(s) or was obligatsd toinctertinify the atowe entities for a ctaim($} OT any portion(s) thereof.The obligations of this section (sedkin ten (10)) shall survive temiination of thisAgneement,11.tesuranoe In addition (o and indeperident from the requirements of Section 10, theLessee shatl secui^ insurance covCTage in a fomn acceptable to the PaiWngComiTwssion end himish to the Paridng Conimission an acaoinpany]ng oertiflcafs ofinsurance issued by a company authonzed to do business in the State d Montana inamounls not less than as follows;Woikers' Compensation" stafajtoiyEmphyyecs' Liabil'rty - $1,000.000 per occurrence; $2,000.000 annualaggregateCommercial General Liability - $1,000,000 per occurrenoe, 52.000,000annual aggregateAutomobBe Liability - $1,000,000 property damage/bodity injii(y;$2,000,000 annual agQnefiateThe Parking Commis&ion, City of Baizeman, and their offic&rs, agents. andemployees, shall be endorsed as sn additional insured on a prirnaiy non-oontributorybasis on both the Commerci&l Generai and Automobile Liabiaiiy policies. Theinsurance and requiined endor&emenls must be in s fornft suitable to City and shallindude no tess than a thirty (30) day noiSoe of canoellation or non-renewal. TheLessee must demonstrate to the City's satisfaction that the above insurancecoverage te <n place and is provided in a manner acceptable to the City incliidingany endorsements prior to the Lessee using any parking spaces. Nothing hereinshall grant the City the authority to wquire the Hotel to use the seivices of aspeafic insurance provider12 lA^fhorization. Th& parties signina betaw hereby represent and warrarat that theyPage 5 (rf 7 • . ' 5W City of BZN Parking Agreementpdf for Printed Item: 196 (Attachment 1 of 1))ssre duly authorized to sign this s^reement on behalf of the entities.l3.R^conIat»on- This Agreement shall toe reconfed in the files of the Gallatin CountyClerk and Recorder. All costs of reoordntg ^ali be borne by the Lessee. A copy ofthis recorded agneement shall be provided by the Parking Manager.tll^^^llUit End ofAgF&ement except for signature page «#WMWW-P^ge6oT7', EXHIBIT 9•,. ^^(^i^inerit^^,r^N^^w^.'^5S^it^sM^^^'^^S^^^</From:To:Cc:Bcc:Subject:Date:Attachments:Ed Meece </o=city of bozeman/ou=exchangeadministrative group (fydibohf23spdlt)/cn=recipients/cn=edmeece30a>Aticia Kennedy </o=city ofbozeman/ou=exchange administrative group(fydibohf23spdlt)/cn=recipients/cn=alicia kennedydb6>HEADS UP: Parking Garage LeasesWed Oct 11 2017 12:57:34 MDTPARKING LEASE POLICY CONCEPTS 09072017version.docxThis issue with parking garage leases - and the 'transferability' of leases between folks, projects,annual to UDC, has seemed to heat up in the last week. I think the four of us should meet to discuss, tokeep Laurae and I out of any land mines. AND, to get on the same page going forward.Mr. Holtoran had an informal review of a development at Wilson/Lamme this morning at DRC -forwhich he is proposing to use 6 UDC lease spots to meet his parking requirement. My comment was, atthis point, the garage is effectively 'full' unless we find out different as we finish the new Lease Policyand Lease Limit Calculation for the Parking Commission (Rick Williams assisting). Without those UDCleases, Andy is 5 spaces short of his parking requirement. I suspect that Andy thinks he can simplytransfer his Annual Lease spaces to UDC Leases, at will; as if he has 1 12 parking garage credits to dowhat he wants. I would disagree with that perspective, and argue it isn't in the City's best interest onseveral different levels. However, I know that Andy will be asking questions soon.Some of this will be resolved with the new Lease Policy and Lease Limit Calculation being developedby the BPC. I have attached a draft for your review prior to our meeting. My plan was to have a finaldraft in front of Greg and Chuck, prior to the BPC meeting in November (1 1/9/17).I was speaking strictly from the perspective of 'annual' (or non-UDC) leases, with regard to the fact thatthey cannot be transferred from one client to another without being returned to the City of Bozeman.The UDC leases are project specific, and require a contract between the Lessee and the ParkingCommission. These contracts have specific language that prohibits the Lessee from 'subcontract, orassign its rights or delegate its duties under this agreement without prior written consent of the ParkingCommission."If there are further questions regarding an existing, UDC lease contract, I would refer you to the CityAttorney's office.To get on the waiting list for annual parking lease in the garage, contact Ms. Laurae dark, CityEXHIBIT°ti <Treasurer.Thanks.Edwin R. MeeceParking Program ManagerParking Services DivisionCity of Bozeman20 East Olive StreetBozeman MT 59715406-582-2903From: Rob Pertzborn [mailto:rpertzborn@intrinsikarchitecture.com]Sent: Tuesday, October 10, 2017 5:52 PMTo: Ed Meece <EMeece@BOZEMAN.NET>Cc: Laurae dark <Lclark@BOZEMAN.NET>Subject: RE: Parking Lease TransfersThanks. My understanding is there are two kinds of parking leases: Annual & Long Term. Neithertransferable? It would seem that a developer could secure leases for a project to be built and thenassign them to persons in a new project, as the developer may need them to be able to entitle a projectbefore it can start.Also, do current leaseholders (both kinds of leases) have a non-transferable clause in their leaseagreements?Thanks again for the insights. How does one get on the waiting list?Regards,1. RJP("Robert J. Pertzborn, AIAPrincipal I Architectintrinsik architecture, inc.111 north tracy avenuebozeman, montana 59715t. 406.582.8988 m. 406.580.0422intrinsikarchitecture.comThis email is privileged and intended solely for the use of the individual to whom it is addressed. If thisemail has been received in error, please notify the sender.From: Ed Meece [mailto:EMeece@BOZEMAN.NET]Sent: Tuesday, October 10, 2017 12:57 PMTo: Rob Pertzborn <rpertzborn@intrinsikarchitecture.com>Cc: Laurae dark <Lclark@BOZEMAN.NET>Subject: RE: Parking Lease TransfersMr. Pertzborn:I discussed the "lease transfer' issue with Ms. dark, and we are in agreement that the parking leasesare not directly transferable from one lessee to another. The City of Bozeman maintains a waiting list forteased parking spaces, so that everyone has access to the opportunity to purchase a parking lease. Toallow for direct transfer would defeat the purpose of the waiting list, and potentially create anunintended 'property right' in the lease itself.Thanks.Edwin R. MeeceParking Program ManagerParking Services DivisionCity of Bozeman20 East Olive Street\. EXHIBIT 10 •«1f^QGum^t^: •e.fc^^^ji^Mi'y^Y.;i ' ;;..:^ .-From:To:Cc:Bcc:Subject:Date:Attachments:Mike Maas </o=city of bozeman/ou=exchangeadministrative group (fydibohf23spdlt)/cn=recipients/cn=mikemaas8ed>Laurae dark </o=city ofbozeman/ou=bozeman.gov/cn=recipients/cn=laurae>Ed Meece </o=city ofbozeman/ou=exchange administrative group(fydibohf23spdlt)/cn=recipients/cn=ed meece30a>Homebase MontanaWed Mar 14 2018 10:08:49 MDTimageOOI.jpgLaurae -Lauren from Homebase stopped in this morning, she had called Jessica yesterday afternoon aboutgetting copies of all the applications for Homebase's parking garage permits. Jessica had told her overthe phone that we would have to look into it and that you were on vacation. She is looking for the onesafter about April 2015.1 looked through the parking garage software while she was here and gave herthe dates and what names for the five I could see. t also let her know that all the ones under 5 WestLLC were after September 2017, and that there were 99. She seemed rather impatient to get these andthe quantity may qualify for a records request. I wanted to give you a heads up because they willprobably be chomping at the bit on Monday.IThanks,Mike MaasUtility Billing Clerk406.582.2327mmaas@bozeman. netwww.bozeman.net^....EXHIBIT/c EXHIBIT 11 Document ID: 0.7.704.17709From:To:Cc:Bcc:Subject:Date:Attachments:Laurae dark </o=city ofbozeman/ou=bozeman,gov/cn=recipients/cn=laurae>Amy Bordeau <amy@homebasemontana.com>RE: HomeBase + 5 West | Parking PassesMon Jun 18 2018 09:36:39 MDTimageOOIjpgYes, that would be great!Laurae dark | TreasurerCity of Bozeman | 121 N. Rouse Ave. | Bozeman, MT 59715406.582.2326www.bozeman.netFrom: Amy Bordeau <amy@homebasemontana.com>Sent: Monday, June 18, 2018 9:34 AMTo: Laurae dark <Lclark@BOZEMAN.NET>Subject: Re: HomeBase + 5 West | Parking PassesGood Morning Laurae,Sounds great. Thank you for doing that.Would we be able to make this payment on a credit card if I stopped by with one?Thank you,Amy BordeauHomeBase20 North Tracy AvenueBozeman, Montana 59715406.404.1788HomeBaseMontana.comEXHIBIT// On Jun 15, 2018, at 5:24 PM, Laurae dark <Lclark@BOZEMAN.NET> wrote:Amy,I have transferred the three monthly permits to HomeBase Partners (2 General & 1 Basement) Theamount due to pay for those three permits through December 31st is:(2) Garage Main Permits(1) Garage Basement PermitJune-DecemberJune-December$768.00$448.00Total Due: $1,216.00You should have just received an E-statement for this amount. Payment on Monday would be great.Thank you!Laurae dark | TreasurerCity of Bozeman | 121 N. Rouse Ave. | Bozeman, MT 59715406.582.2326www.bozeman.net<image001 .jpg>From: Amy Bordeau <amy@homebasemontana.com>Sent: Friday, June 15, 2018 3:33 PMTo: Laurae dark <Lclark@BOZEMAN.NET>Subject: Re: HomeBase + 5 West | Parking Passes Hi Laurae,We understand your frustration, we do apologize to adding to the work load for yourself and yourcoworkers.Your list below is 100% correct, thank you for writing that out for us.Below you will find the passes and plates which they are associated with:Parking pass Willson lot (under 5 West LLC Willson Permits)1360 BYU845 Chevy truck gold color1358 663415B Audi Q7 Silver1357 676672A Mercedes wagon whiteParking Garage (under 5 West LLC Garage Main Permits)5 6274768 range rover silverThose are all the license plates that need to be updated thus far, we have quite a few "blank" passes forthe time being.For the three monthly passes- couid we add those to HomeBase Partners Garage Main Permits. Weare sorry for the late payment on those, could we bring in a check Monday to pay for those for the entireyear? So we switch from monthly to annually. If so, could you send me an invoice on what that totalwould be.We appreciate all the work that goes into this very much. Thank you for all that you do!Kind Regards,Amy BordeauhlomeBase20 North Tracy AvenueBozeman, Montana 59715406.404.1788HomeBaseMontana.com On Jun 15, 2018, at 3:19 PM, Laurae dark <Lclark@BOZEMAN.NET> wrote:Amy,To confirm our discussion:5 West LLC (There will be three separate managemenVbilling accounts for these permits)(50) UDC Permits (Regus)(10)Willson Permits(40) Garage Main PermitsHomebase Partners (There will be one managemenVbilling account for these permits)(70) Garage Main PermitsPlease let me know if this agrees with what was discussed so we can get these set up correctly one lasttime.I apologize for my frustrations. We have been getting numerous phone calls from various folks usingthese permits who are trying to get their plate information attached (both garage and Willson lot).The gates were removed on June 1st. All permit users at this time should have their plates attached totheir permit so they system will recognize them as a permit holder. We have been issuing warnings forthe past two weeks, but that will be ending very soon.We currently have 1 monthly permit listed under Homebase Partners and 2 monthly permits listed underHomebase Management—these were the billing names listed under the other system. All of your otherpermits are annual permits. Which name do you want these permits under? Two are Garage Mainpermits and 1 is a Basement permit. However, those have not been paid for the month of June and aretechnically expired. Do you wish to keep those? In the future unpaid permits will be re-sold after 5days. Please let me know right away if you intend to keep these three monthly permits. We will be in touch as soon as we can these permits in the system. If you have plate information forany of them, please send our way as soon as possible.Sincerley,Laurae dark [ TreasurerCity of Bozeman | 121 N. Rouse Ave. | Bozeman, MT 59715406.582.2326www.bozeman.net<image001.jpg>From: Amy Bordeau <amy@homebasemontana.com>Sent: Thursday, June 14, 2018 9:47 AMTo: Laurae Clark <Lclark@BOZEMAN.NET>Subject: HomeBase + 5 West | Parking PassesGood Morning,Sorry for the late response on this project.For our 170 passes we would like them to be allocated to the specific entities below:5 West LLC-40 (regus passes)10 (wilson passes)50 (UDC passes)HomeBase Partners10 (regus passes) 70 (remaining passes)Please let me know if you have any questions.Thank you!Amy BordeauHomeBase20 North Tracy AvenueBozeman, Montana 59715406.404.1788HomeBaseMontana.comCity of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. II,Sect. 9) and may be considered a "public record" pursuant to Title 2, Chpt. 6, Montana Code Annotated.As such, this email, its sender and receiver, and the contents may be available for public disclosure andwill be retained pursuant to the City's record retention policies. Emails that contain confidentialinformation such as information related to individual privacy may be protected from disclosure underlaw.City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. II,Sect. 9) and may be considered a "public record" pursuant to Title 2, Chpt. 6, Montana Code Annotated.As such, this email, its sender and receiver, and the contents may be available for public disclosure andwill be retained pursuant to the City's record retention policies. Emails that contain confidentialinformation such as information related to individual privacy may be protected from disclosure underlaw. Document ID: 0.7.704.17709-000001nullLast Modified: Man Jun 1 8 09:36:39 MDT 2018 EXHIBIT 12 «'^' ^''•\' - ''^ ::- : •.'.:'•• •'>'•'•'' :'• • ' :• ';>•••'•.' ; •"^'f~ '.':^.t^.h^-1,. .^-~~<^i<;;<^%u'^ii'B^S^W^.^^'^';.i''-K.i'^;.-i'^»>i-fifBft'w-7^A^^^?*<^^fei?^l*-i'<*j>i>tf •<"W^ *ui-^-^^ ^;-¥'>''--^'' ? : ^ ..s-^-'.Y^ • ^"^•^.-^'.^•''rFrom:To:Cc:Bcc:Subject:Date:Attachments:Ed Meece </o=city of bozeman/ou=exchangeadministrative group (fydibohf23spdlt)/cn=recipients/cn=edmeece30a>Laurae dark </o=city ofbozeman/ou=bozeman.9ov/cn=recipients/cn=laurae>RE: Garage Leases UpdateThu Sep 06 2018 12:02:57 MDTCopy of T2PS_ActivePermitListing_9062018.xlsImageOOI.jpgUpdated Lease Calculator.pdfThis report is our answer - it shows 563 total garage leases (86 bsmt; 477 main). That number trackswith our previous report (June 2018), and shows attrition from 587 number. If we take 587 and subtractthe 246 I was already counting (UDC), then we are left with 317 non-UDC permits. I modified the June2018 report for this data, and we are in compliance with allowable permits to be sold. The newcalculation actually shows us having room to sell another 10 permits but lets hold off for a bit - the new5 East development may require some wiggle room (?).(Edwin R. MeeceParking Program ManagerParking Services DivisionCity of Bozeman20 East Olive StreetBozemanMT59715406-582-2903From: Ed MeeceSent: Thursday, September 6, 2018 10:22 AMTo: Laurae dark <Lclark@BOZEMAN.NET>Subject: RE: Garage Leases UpdateEXHIBIT^Attached is a copy of the lease calculation report from the last time I ran it - June 2018.I was already counting the 46 for the Etha that are pending, so when I add that to your number (210) weI EXHIBIT 13 )East UDC response.pdffor Printed Item: 173 (Anachment 1 of 1)BOZEMAN( Parking ServicesMTOctober 4,2018Mr. Andy HoIIoranHomebase Partners20 N.Tracy AvenueBozemanMT 59715Mr. Holloran:I have reviewed your correspondence of September 4, 2018, email delivery,requesting that the Bozeman Parking Commission grant fifty (50) long-term parkingleases in the Bridger Downtown Parking Garage for use by a potential mixed usedevelopment project at 5 East Mendenhall Street.As you arc likely aware, the Bozeman Parking Commission adopted Resolution2017-04 (12-14-2017) which established a Parking Lease Policy and Lease LimitCglculatiop for the municipal parking garage and surface lots. Pursuant to theParking Lea^e PQJicy. T/te tota/ number of available spaces for rental, in the BridgerPark Garage, will be determined by the Bozeman Parking Commission utilizing theadopted Lease Limit Calculation methodology, as depicted in Appendix A of thispolicy."In preparation for the October 11, 2018, regular meeting of the Bozeman ParkingCommission, I recently revised the Lease Limit Calculation to reflect the currentstatus of leases sold (copy attached). According to the l^a?^Limit Calculation. thereare currently ten (10) "Total Leases Authorized For Sale" that remain unsold at thistime. The opportunity to purchase these leases will be offered to customers on thewaiting list maintained in tfie Finance Department. Therefore, there is no capacity toaccommodate your request at this time.I am available for any further discussion regarding the Lease Limit Calculation, andyour interest in securing additional long-term leases in the Bridger Park DowntownGarage.Respectfuyy,Edwin R. M^feceParking Program ManagerEXHIBIT/~3[j!201:a!^ P.O Box 1? 30^ Bc.;eman. MT 59771.1230Cp) 406 582-2903IV VTDD: 406-582-2301THE MOST LIVABLE PLACE. EXHIBIT 14 '•te0cyroih^P::NWN^^^^')«^'K/K^';^^^^^-•.tFrom:To:Cc:Bcc:Subject:Date:Laurae dark </o=city ofbozeman/ou=bozeman.gov/cn=recipients/cn=laurae>Amy Bordeau <amy@hbpartners.com>RE: Bozeman Parking Division - Citation Late Notice LPR2001800MonOct29201810:51:52MDTAttachments: imageOOI.jpgIt would be under Andy Holloran's name, as he is listed as the owner. However your email is attachedto the account, so you may receive the notices.Laurae dark | TreasurerCity of Bozeman | 121 N. Rouse Ave. | Bozeman, MT 59715406.582.2326www.bozeman.netFrom: Amy Bordeau <amy@hbpartners.com>1 Sent: Monday, October 29. 2018 10:16 AMTo: Laurae dark <Lclark@BOZEMAN.NET>Cc: Parking Info <Parkinglnfo@BOZEMAN.NET>Subject: Re: Bozeman Parking Division - Citation Late Notice LPR2001800One more question, if the owner of the vehicle does not pay. Will the collection on that be under myname or theres?Amy BordeauReminder: Our new website and email is HBPartners.comHomeBase20 North Tracy AvenueBozeman, Montana 59715406.404.1788HBPartners.comaut^22SI? EXHIBIT/•/ On Oct 29, 2018, at 9:59 AM, Laurae Clark <Lclark@B02EMAN.NET> wrote:Amy,Plate 663415B—Silver Audi is attached to a Witlson Lot permit #LW00015.This citation was issued in the parking garage. We do not show this plate attached to any garagepermits, which is why it received the citation.Laurae Clark | TreasurerCity of Bozeman 1121 N. Rouse Ave. | Bozeman, MT 59715406.582.2326www.bozeman.net<image001 -jpg>From: Amy Bordeau <amy@hbpartners.com>Sent: Monday, October 29, 2018 9:48 AMTo: Laurae dark <Lclark@BOZEMAN.NET>Cc: Parking Into <Parkinglnfo@BOZEMAN.NET>Subject: Re: Bozeman Parking Division - Citation Late NoticeLPR2001800^Amy Bordeau »tReminder: Our new website and email is HBPartners.comHomeBase20 North Tracy AvenueBozeman, Montana 59715406.404.1788HBPartners.comOn Oct 29, 2018, at 9:46 AM, Laurae dark <Lclark@BOZEMAN.NET> wrote:Hmm... I was unable to open it. Can you give me the citation #?Laurae dark | TreasurerCity of Bozeman | 121 N. Rouse Ave. | Bozeman, MT 59715406.582.2326www.bozeman.net<image001.jpg>From: Amy Bordeau <amy@hbpartners.com>Sent: Monday. October 29, 2018 9:37 AMTo: Laurae dark <Lclark@BOZEMAN.NET>Cc: Parking Info <Parkinglnfo@BOZEMAN.NET>Subject: Re: Bozeman Parking Division - Citation Late NoticeSee attached, sorry about that! (cr>disclosure and will be retained pursuant to the City's record retention policies. Emails that containconfidential information such as information related to individual privacy may be protected fromdisclosure under law.City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. II,Sect. 9) and may be considered a "public record" pursuant to Title 2, Chpt. 6, Montana Code Annotated.As such, this email, its sender and receiver, and the contents may be available for public disclosure andwill be retained pursuant to the City's record retention policies. Emails that contain confidentialinformation such as information related to individual privacy may be protected from disclosure underlaw.IV,