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Home My WebLink About021_Common Access EasementG|R|E|C Architects BLOCK A | Tracys Third Addition, Lot 2A, Block A Plat C-18-D 0.37 acre and Lot 3A, Block A, Plat C-18-D 0.72 acre SPR SUBMITTAL | THE HOTEL BOZEMAN COMMON ACCESS EASEMENT - DRAFT 1 Prepared by: Law Offices of Jesse W. Dodson, PLLC 300 University Avenue Missoula, MT 59801 After recording return to: Hotel Bozeman Building, LLC 111 W. Lamme Street, Suite 101 Bozeman, MT 59715 DEDICATION OF COMMON ACCESS EASEMENT This Dedication of Common Access Easement (this “Dedication of Easement”) is made this ____ day of _________, 2024 (the “Effective Date”), by Hotel Bozeman Building, LLC, of 111 W. Lamme Street, Suite 101, Bozeman, MT 59715 (“Owner”). RECITALS WHEREAS, Owner owns the following described real property: Lot 2A of Amended Plat C-18-____, Block A, Amended Tracy’s Third Addition to Bozeman, located in the Northwest Quarter of Section 7, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, State of Montana (“Lot 2A”); and WHEREAS, Owner owns the following described real property: Lot 3A of Amended Plat C-18-____, Block A, Amended Tracy’s Third Addition to Bozeman, located in the Northwest Quarter of Section 7, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, State of Montana (“Lot 3A”; Lot 2A and Lot 3A are sometimes referred to individually as a “Lot” and collectively as the “Lots”); and WHEREAS, Owner desires to dedicate an easement for the benefit of each of the Lots providing ingress and egress to and from West Beall Street and West Lamme Street within the area depicted and legally described in Exhibit “A”, attached hereto and incorporated herein by this reference (the “Easement Area”); 2 NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the Owner hereby dedicates a permanent, non-exclusive easement for the benefit of each of the Lots providing ingress and egress to and from West Beall Street and West Lamme Street within the Easement Area; SUBJECT, HOWEVER, to the following terms, conditions, and reservations: 1. Scope of Use. The “ingress and egress” allowed pursuant to this Dedication of Easement includes ingress and egress of pedestrians and of maintenance vehicles with a maximum clearance height of thirteen feet (13’). This Dedication of Easement does not confer rights of ingress and egress for passenger vehicles, for commercial vehicles that are not reasonably necessary or convenient for the maintenance of a Lot or the improvements thereon, or for commercial vehicles that are wider than the Easement Area or have a maximum clearance height of greater than thirteen feet (13’). 2. Maintenance. The owner(s) of each of the Lots (individually, a “Lot Owner” and collectively, the “Lot Owners”) shall be jointly responsible for maintaining the paved surface of the Easement Area in good working order and repair and for repairing and replacing the same from time-to-time as necessary. Unless otherwise agreed upon in writing between the Lot Owners, the Lot Owners shall each be responsible for fifty percent (50%) of the costs of all such maintenance, repair, and replacement. 3. Obstructions & Alterations. The Common Access Improvements will be designed and installed by Owner. Neither Lot Owner shall cause or permit any obstruction or alteration of the Easement Area (other than temporarily as necessary in connection with maintenance or the exercise of rights or performance of obligations of a Lot Owner pursuant to this Agreement or any other written agreement between the Lot Owners) without the prior written consent of the other Lot Owner, which consent shall not be unreasonably withheld provided such alteration or obstruction will not materially disrupt such other Lot Owner’s use and enjoyment of the Easement Area or its Lot or the improvements thereon. Notwithstanding any provision of this Dedication of Easement to the contrary, any improvements constructed by Owner, including, without limitation, a pedestrian bridge and other improvements at and above the second floor within the airspace of the Easement Area, shall be permitted encroachments and may be maintained, repaired, and replaced in perpetuity. 4. Reservation of Rights to Remainder of Owner’s Property. The rights granted herein are strictly limited to the Easement Area. This Dedication of Easement shall not be construed to limit or restrict in any way the Lot Owners’ use, development, redevelopment, maintenance, or operation of their respective Lots or the improvements thereon from time to time, other than as specified in this Dedication of Easement with respect to the Easement Area. Each Lot Owner, in exercising its rights under this Dedication of Easement, shall act reasonably and in good faith and shall not substantially interfere with the rights of the other Lot Owner in and to the Easement Area. 5. Restoration. Each Lot Owner shall, at its own cost, promptly repair any damage to the Easement Area or improvements thereto caused by such Lot Owner or its tenants, contractors, invitees, or licensees, and shall restore the Easement Area and such 3 improvements to a condition equal to or better than that which existed immediately prior to such damage. 6. Indemnification. Each Lot Owner (the “Indemnifying Lot Owner”) shall defend, indemnify, protect, and hold harmless the other Lot Owner and its members, managers, directors, officers, employees, agents, tenants, invitees, and licensees from and against all claims, costs, damages, and expenses (including reasonable attorneys’ fees), arising in whole or in part from the Indemnifying Lot Owner’s (a) exercise of its rights under this Dedication of Easement, (b) breach of any of its obligations under this Dedication of Easement, or (c) use or maintenance of the Easement Area or the improvements thereto, whether by the Indemnifying Lot Owner or by its tenants, contractors, invitees, or licensees; provided, however, that nothing herein shall be construed to indemnify such other Lot Owner or any other party to the extent of its own negligence or willful misconduct. 7. No Waivers. No terms, conditions, or reservations in this Dedication of Easement shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 8. Attorneys’ Fees and Costs. The prevailing party in any suit to enforce the terms, conditions, or reservations of this Dedication of Easement or to seek damages for a breach of the terms, conditions, or reservations of this Dedication of Easement shall be entitled to reimbursement of court costs and reasonable attorneys’ fees incurred in connection therewith. 9. Amendments. Except as otherwise provided herein, this Dedication of Easement may not be amended or terminated except by written instrument duly executed by the Lot Owners or their successors-in-interest with respect to the Lots. 10. Runs with the Land. This Dedication of Easement shall run with the land and shall be binding upon and inure to the benefit of the Lot Owners and their successors and assigns, including all persons and entities from time to time having or acquiring any right, title, or interest in a Lot or any portion thereof. If and for so long as a Lot is submitted to the provisions of the Montana Unit Ownership Act or any successor law governing common interest communities in Montana, the board of directors of the unit owners association shall be deemed to be the successor-in-interest and the “Lot Owner” for purposes of this Dedication of Easement and shall have the sole right and authority to act on behalf of and to bind all unit owners with respect to this Dedication of Easement, and each unit owner, by acceptance of a deed for its unit, shall be deemed to have irrevocably granted such association the power to do the same on such unit owner’s behalf. This Dedication of Easement shall survive any future subdivisions, boundary relocations, plats of survey, or other modifications to property lines. 11. No Public Dedication. This Dedication of Easement is not a dedication of rights to the public. 4 12. No Merger. This Dedication of Easement is for the direct benefit of both of the Lots in anticipation that the Lots may become separately owned and shall not be extinguished by the doctrine of merger. The remainder of this page is intentionally left blank. 5 IN WITNESS WHEREOF, the Grantor has executed this Dedication of Easement this _______ day of __________, 2024. Hotel Bozeman Building, LLC, a Montana limited liability company By: Hotel Bozeman Partners, LLC, its Managing Member By: Print Name: Title: STATE OF ) ss. COUNTY OF ) Acknowledged before me this _____ day of ___________, 20____ by _______________, as __________________ of Hotel Bozeman Partners, LLC, Managing Member of Hotel Bozeman Building, LLC. (SEAL) Notary Signature