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Home My WebLink About073 Joint Use Parking Agreement After Recording Return to: City of Bozeman P.O. Box 1230 Bozeman, MT 59771 JOINT USE PARKING AGREEMENT THIS JOINT USE PARKING AGREEMENT ("Agreement") is entered by Mendelarel LLC, a Delaware limited liability company, of 233 E.Main Street, Ste. 417, Bozeman,MT 59715 (the"Owner") and with the consent of the City of Bozeman,P.O.Box 1230,Bozeman,MT 59771 (the "City")to meet parking requirements of the City. WHEREAS, Mendelarel LLC, a Delaware limited liability company owns the real property (the"Property") described as follows: Amended Plat of Lots 4 through 12 in Block 7 of the Springbrook Addition to Bozeman (B-24) located in the Northeast Quarter of Section 12, Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin County,Montana. WHEREAS, the Owner intends to construct one (1) multi-use building on the Property containing both residential and commercial uses (the"Project"); WHEREAS, the City requires the Owner to have sufficient Joint Use parking for the Project and requires that the Owner comply with Section 38.540.060 of the City of Bozeman Code of Ordinances ("Joint Use of Parking Facilities Code"). WHEREAS, the Owner desires to ensure that there is sufficient Joint Use parking on the Property for the Project and the related uses of the Project in perpetuity; NOW,THEREFORE,the Owner hereto does hereby agree as follows: 1. Joint Use Parking.The Owner hereby agrees that the owners,tenants, invitees,guests and customers of Project may jointly utilize and share in the use of all designated parking located on the Property as depicted in Exhibit A attached hereto and incorporated by reference herein (the "Joint Use Parking"). The City consents to the Joint Use Parking provided herein provided that this Agreement meet all applicable requirements of the Bozeman Municipal Code, Chapter 38 for the Project. 1 2. Joint Use of Parking Facilities Code.Pursuant to the Joint Use of Parking Facilities Code, the Owner represents and acknowledges, that the Joint Use Parking can serve two or more individual land uses without conflict and that there shall not be substantial overlap in the operating hours of the uses of the Project. 3. Use of Parking. The Owner acknowledges that use of such Joint Use Parking is solely for the purposes of parking motor vehicles for the owners, tenants, invitees, guests and customers of the Project.The Owner shall not be responsible for ensuring the availability of the parking spaces. Any vehicles utilizing the Joint Use Parking related to the Improvements may be parked over- night, however, no junk vehicles, trailers, recreational vehicles, motor homes, or boats are permitted to be parked in the Joint Use Parking. 4. Limited Liabilitv. The Owner shall not be liable for any loss or damage resulting to the Property or its owners, lessees, invitees, guests and customers, including, but not limited to, the motor vehicles and contents therein parked in the Joint Use Parking, or for any injury to any owners, lessees, invites, guests and customers,from any cause whatsoever,unless the result of the gross negligence or intentional misconduct of the Owner, including inadequate lighting or security of the Joint Use Parking or the presence of unsafe or uneven ground, asphalt in disrepair, or inconvenient access to the Joint Use Parking. 5. Run with the Property; Binding Effect; and Revocation of this Agreement. This Agreement and all terms and conditions of this Agreement shall run with the Property and shall be binding upon the heirs,successors and assigns of the Owner.This Agreement may be revoked with the written approval of the City of Bozeman. 6. Severability. If any provision of this Agreement is deemed to be invalid or unenforceable in any respect for any reason,the validity and enforceability of such provision in any other respect and of the remaining provisions of this Agreement will not be impaired in any way. 7. Governing Law and Jurisdiction. This Agreement shall be governed by and constructed in accordance with the laws of Montana. All lawsuits filed to interpret or enforce the terms and conditions of this Agreement must be filed in the 181h Judicial District, Gallatin County,Montana. 8. Entire Agreement. This Agreement (including the documents, exhibits, and instruments referred to in this Agreement) constitutes the entire agreement with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements,whether written or oral, among the parties with respect to such subject matter. 9. Miscellaneous. The section headings herein are inserted only for convenience and reference and shall in no way define, limit or prescribe the scope or intent of any provisions of this Agreement. This Agreement may be executed in one or more counterparts, which taken together shall constitute one and the same document. Each person executing this Agreement represents and warrants that he is duly authorized and empowered to execute this Agreement on behalf of, and to bind,the party on whose behalf he is so executing. 2 IN WITNESS WHEREOF, this Joint Use Parking Agreement is executed on the date written below. OWNER: Mendelarel LLC,a Delaware limited liability company: J By: Printed Name: .� 6 l r � • l Title: Al �-*� J' �✓1�0 Vy STATE OF MONTANA ) ss County of Gallatin ) On this 2-,��day of kn�arN. 2024, before me, a Notary Public for the State of Montana,personally appeared c I known to me to be the person whose name is subscribed to the above inst ment and acknowledged to me that he is the of Mendelarel LLC, a Delaware limited liability company, and executed the same for and on behalf of Mendelarel LLC, a Delaware limited liability company. 11-�& Low-Q yj�L) Nota6 Public for the ate of Montana SEAL REBECCA J.VANDYKE ap�- k' NOTARY PUBLIC for the State of Montana Residing at Bozeman,Montana My Commission ExPires June 25,2027 3 THE CITY OF BOZEMAN By: Printed Name: Title: STATE OF MONTANA ) ss County of Gallatin ) On this day of 2024, before me, a Notary Public for the State of Montana,personally appeared . known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that he/she is the of for the City of Bozeman and executed the same for and on behalf of the City of Bozeman. Notary Public for the State of Montana SEAL 4 EXHIBIT A Insert Depiction of Parking after this page. 5 CD cm IN ell 1! Bill z: W- 1 ! //A 1 .. 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