HomeMy WebLinkAboutOff-site Parking Space License Agreement - signed After recording return to:
Bozeman City Clerk
PO Box 1230
Bozeman MT 59771
OFF-SITE PARKING SPACE LICENSE AGREEMENT
This Off-Site Parking Space License Agreement is made this f day of
2022,by and between Medical Arts Building Partners, LLC, located at 300 N.
Willson Avenue, Bozeman, MT 59715, as"Medical Arts,"and Mountain View Building, LLC,
located at 111 W. Lamme Street, Suite 101, Bozeman,MT 59715, as"Mountain View."The
City of Bozeman,PO Box 1230,Bozeman,MT 59771 ("City")is not a party to this Agreement,
but consents to the Agreement for the purpose of meeting the City's parking requirements.
NOW THEREFORE, for valuable consideration and the performance of the requirements
set forth herein,the parties agree as follows:
1. Mountain View is the owner of real property defined as Lots 2 and 3 of the Amended
Subdivision Plat of Block"A"of Tracy's Third Addition and a portion of vacated street, City of
Bozeman, Gallatin County, Montana,according to the official plat thereof on file and of record
in the office of the County Clerk and Recorder, Gallatin County,Montana(Plat C-18-D)(the
"Mountain View Property").
2. Medical Arts is the owner of Lot I of the Amended Subdivision Plat of Lots 1 -6 and a
portion of Lot 7,Block 3 of the Amended Beall's Third Addition to the City of Bozeman,
Montana(Plat C-44-N), and a portion of a vacated 14' alley(COB Ord. 902), all located within
the NW 1/4 of Section 7,Township 2 South,Range 6 East, City of Bozeman,Gallatin County,
Montana, according to the official plat thereof on file and of record in the office of the County
Clerk and Recorder of Gallatin County,Montana. (Plat C-44-N)
3. Medical Arts is in the process of redeveloping its property as part of the North Central
Master Plan,including a building known as The Henry (Site Plan Application No. 21-231), and
construction of The Henry will displace 17 parking spaces needed for zoning compliance for the
Medical Arts property.
4. Mountain View is in the process of developing a temporary parking lot to accommodate
the temporary parking needs for the AC Hotel(Site Plan Application No. 19-078)while its
permanent parking location is being constructed(Site Plan Application No.21-165 and STUP
Application No. 21-325).
5. The temporary parking lot at the Mountain View Property is suited for shared parking
purposes for both the 80 parking spaces temporarily needed for the AC Hotel and the 17 parking
spaces temporarily needed for the Medical Art Property because peak demand for the respective
needs occurs at different times of the day.
6. Mountain View grants to Medical Arts for it benefit and that of its successors and assigns
an easement, right and license for the use of 17 parking spaces on the Mountain View Property
for the purpose of meeting the parking requirements of the Medical Arts Property until such
spaces have been replaced on the Medical Arts Property by the completion of The Henry or such
other qualifying parking spaces (the"License").
7. The City consents to the License granted herein provided the 17 spaces meet all
applicable requirements of the Bozeman Municipal Code(BMC)during the term of the License.
8. All parties recognize the significant legal implications of this License Agreement and
have consulted legal counsel prior to signing. This License Agreement shall run with the land,
and shall be binding upon the heirs, successors and assigns of the Mountain View and Medical
Arts and must be recorded in the records of the Gallatin County Clerk and Recorder. This
License Agreement may be terminated or modified and the License granted herein revoked only
by prior written consent of the Grantee and the City's Director of Community Development
("Director")by a document filed in the records of the Gallatin County Clerk and Recorder.
9. The City reserves the right to require Medical Arts to provide parking spaces at a
different location(s)to meet the parking requirements for the Medical Arts Property if at any
time the Director determines, in his or her sole discretion,the parking spaces subject to the
License do not meet the applicable site plan criteria, conditions of approval,or other applicable
requirements of the BMC for the Medical Arts Property. Failure to do so will constitute
noncompliance with the site plan approval for The Henry. In such a case,Medical Arts agrees it
will,within six(6)months of the date of the Director's determination that all or a portion of the
Licensed Parking Spaces no longer meet the applicable site plan criteria or other applicable
requirements of the BMC,provide alternative parking spaces to the satisfaction of the Director or
pay cash-in-lieu of parking(as provided for in 38.540.050,BMC)at the amount set by the City at
the time of the Director's determination the Licensed Parking Spaces no longer meet the
applicable site plan criteria or other applicable requirements of the BMC.
10. Each person signing this License Agreement represents and warrants that he is fully
authorized to execute this License Agreement on behalf of the entity on whose behalf such
individual has signed this License Agreement,and that by signing this License Agreement such
entity will be bound by the terms contained herein.
IN WITNESSES WHEREOF,this Agreement was executed and is effective as of the date first
stated above.
Signatures on Next Page
Medical Arts Building Partners,LLC Mountain View Building,LLC
By: Bert A. Getz,Jr.Authorized Member By: Andy Holloran,Authorized Member
CITY OF BOZEMAN
`� a cciM, LAUREN J CUMMINGS
Ty—Anna Bentley Q�. �;'; Notary Public
Interim Director of Community Development =g:'NoTARIq(2N;for the State of Montana
*: —— *= Residing at:
�T.SEAL.z� Bozeman, Montana
'9OF t/Oe My Commission Expires:
STATE OF MONTANA ) September 04, 2023
: ss.
County of Gallatin )
This instrument was acknowledged before me on this day of CL, CA ,2022,by Bert
Getz,as authorized member of Medical Arts Building,LLC.
N LIC R THE STATE O ONTANA
STATE OF MONTANA )
ss.
County of Gallatin )
h
This instrument was acknowledged before me on this' T day of 2022, by
Andrew Holloran,as authorized member of Mountain View Buil ' LC.
a i cii�;"2 LAUREN JI CUMMINGS
04... 'k Notary Public OR THE STA ONTANA
S:�p'VARjq,.N-_for the State of Montana
* *_ Residing at:
.SEAL, Q Bozeman, Montana
';,9 ., .• P? My Commission Expires:
September 04, 2023
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on this Thday of Jv-(')e ,2022,by Anna
Bentley,as Interim Director of Community Development for the City of Bozeman.
MARCY YEYKAL NOTARY PUB FO STATE OF MONTANA
t� Notary Public
r,oTAn,A,'• =for the State of Montana
Residing at:
51''�l••��; Belgrade; Montana
My Commission Expires:
OF MO , July 14,2025