Loading...
HomeMy WebLinkAbout023 - Appendix O - Draft Shared Parking AgreementWhen recorded, return to: ___________________________ ___________________________ ___________________________ DECLARATION OF SHARED PARKING This Declaration of Shared Parking is made on this ____day of ________ 2025, by Wallace Works LLC, a Delaware Limited Liability Company referred to herein as “Declarant” of 113 East Oak Street Suite 4A, Bozeman, Montana 59718. RECITALS A. The Declarant is the owner of Lots 1 & 2 within the Wallace Works Minor Subdivision, Gallatin County, Montana. B. The Declarant desires to subdivide a mixed use complete property described above with a shared parking space. C. The Declarant recognizes that as the owner of both properties described above, declarant cannot give itself an easement but is executing this easement for the sole purpose of satisfying a condition imposed by the City of Bozeman for Subdivision Review. NOW THEREFORE, The Declarant hereto states and agrees as follows: 1. PROPERTIES: The properties which are the subject of this document are located in Gallatin County, Montana and are described as Lots 1 and 2 of the Wallace Works Minor Subdivision, Bozeman. Gallatin County Montana. (Plat Reference:_________). 2. SHARED USE: Although the project involved two separate lots which may be held under separate ownership in the future the project is being developed as a single project involved shared use of the drive isles, and a single shared parking space shown on “Exhibit A” attached hereto. The parking areas shown on the attached Exhibit are for the benefit of Lot 1 and shall be available to residents and guests of that lot. 3. DURATION OF DECLARATION: Under Montana Law, a party cannot give an easement to itself, so the Declarant recognizes that the Easement created hereby shall only be effective upon the two lots described above being held in separate ownership. At such time as the lots described above are held in separate ownership, this document shall automatically become effective. The easements and parking privileges granted by this Declaration shall be perpetual unless subsequently abandoned by the owner(s) of one or both parties, with the consent of the City of Bozeman. 4. RESTRICTIONS ON EASEMENTS: The easements granted herein shall be for the purposes stated above and for no other purpose. The driveway providing ingress and egress to and from the parking spaces located upon the properties shall be used for travel to and from the designated parking spaces located on the lots described above or for travel to and from the open spaces only and there shall be no parking of vehicles or storage of materials within the drive aisles nor shall there be any other activity conducted on such drive aisles that will interfere with free flow of vehicles withing properties. 5. MAINTENANCE OF EASEMENT AND PARKING AREA: The owner(s) of the lots described above shall maintain and are for the driveway, and parking spaces for as long as this declaration remain in effect. Maintenance shall include keeping the roadway and parking areas in a usable condition, plowing snow and keeping them free from vegetation and weed control. All snow plowing and other maintenance shall be conducted in such a manner as to not unreasonably interfere with the right of the owners of the lots to utilize the areas which are the subject of this instrument for their own purposes not inconsistent with the uses allowed herein. 6. INDEMNITY: As a condition of use of the easements, or parking privileges described herein, the owners of either lot described above who use the easement or parking privileges allowed herein, agree to indemnify, save, defend, insure and hold harmless the owners of the other lot described above and their agents, servants, employees, and lenders from any and all expenses, suits, actions, judgments, attorneys' fees, and costs arising from use of the easement or parking privileges by any owner, residents of the apartment complex, or their guests and family member. 7. ENFORCEMENT: In the event of any dispute arising out of this declaration once this Declaration becomes effective, each of the parties agrees to submit the matter to mediation prior to initiation of a court action to enforce the terms of this Declaration. In the event that the matter proceeds to mediation, the parties shall attempt to choose a mediator between themselves. If the parties cannot agree upon a mediator, the parties shall seek the names of three mediators from the Gallatin County Bar Association president, other than those potential mediators who were previously rejected by one or both of the parties. From the list of three mediators named in the list from the Bar Association president, the party claiming to be aggrieved shall delete one mediator from the list and the other party shall then delete a second name. The remaining person shall then be the mediator for the conflict and the parties shall thereafter follow the instructions of the mediator in their attempt to settle the dispute. The cost of the mediator, as well as any charge by the Bar Association president in preparing a list shall be divided equally between the parties. 8. EFFECTIVE DATE: This easement shall become effective upon recording in the office of the Clerk and Recorder of Gallatin County, Montana Subject to the provisions of article 4, above. Dated This _____ Day of _________ 2025. Wallace Works LLC a Delaware limited liability company By: _______________________________ Its: __________________________________ State of Montana ) : ss. County of Gallatin ) On this day of October, 2025, before me, the undersigned Notary Public for the State of Montana, personally appeared ________________________, the _______________ of Wallace Works, LLC, a Delaware limited liability company, and acknowledged to me that he executed this document on behalf of the LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date and year hereinabove first written. Notary Public (Affix Stamp Above) SHARED PARKING EXHIBIT