HomeMy WebLinkAbout022 - Appendix N - Recorded Car Share Agreement 2851479
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KLH ADb�ISORS PLLC
194U VJest Dickerson Stree�,Suite 206
Bozcmaq'.N'C�9718
PROTECTIVE CO�'EM1.4NT FOR
W'ALLACE WORKS LLC'S CAR SHARIVG PROGRA:�t
i'his PROTECTIVE COVEVANT FOR WALLACE WORKS LLC'S CAR
SHARING PROGRAM(the "Protective CovenanY')is made and entered into on this 7�day
of M�P _ 2025 by Wallace Works LLC, a Mootana limited liability company (the "Property
Owner") pursuant to Section 38.540.OSO.A.1 b(3)of the Bozcman :4lunicipal Code("BD9P").
RECITALS
WHEREAS, Property Owner owns and ptans [o develop certain real property in Gallatin
Counry, Montana,descnbed in Exhibit A (the"Property"); and
W'HEREAS, Property Owner desires to create a progressive urban community and to
develop a car sharing program on the ProperTy and such other land as may be added thereto under
the [erms and provisions of this Protective Covenant.
NOW,THEREFORE, Property Owner declares that the Property will be held, sold, and
comeyed subject to this Protective Covenant, and conditions stated below, which will be deemed
covenants running with the land and imposed on and intended to benefit and burden the Property.
Such covenants will be bindino on all partics having any right,title,or interest therein or any part
thereof, their respective heirs, personal representatives, successors, and assigns, and wil] inure to
the benefit of the Property Owner a�d its respective heirs, personal representatives, successors,
and assions thereof:
PKO'1'EC17VE COVENANT
The Property Ow�er hereby establishes, pursuant to Section 38.540A�O.A.1 b(3), BMP, a
car shari�g program o� Ihe Property that shall rw� with the land (the `Car Sharing Program").
Unless approved by the City ofBozeman,Director of Community Developmcnt or equivalent City
zmployee, the Car Sharing Program shall not be terminated by the proper[y owner, the Property
Owner, or any successor in interest responsible for management oF the Car Share Program,
including but not limited to, any owner, entity, property owner's associa[ion, any eondominium
established under the Montana Unit Ownership Act,by any management company hired to manage
the Property(the"Car Share Program blanager").
The cat sharing program shall dedicate four (4) shared vehicle parking spots on the
Property. Should the Property be subdivided at any time in the future, the car sharc program's
membership will include both owners and renters from all lots within the subdivision. The car
sharing program shall be managed by the car share management plaq attached as Exhibit B, as
required by the City of Bozeman's Administrative Policy No. 2017-01, Section B.
AMENDMENT
Notwithstanding the foregoing sentence on termination, any Property Owner, owner,
property owner's association or board of directors,in accordance with any amendment requirement
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2851479 Page 2 of 6 OS/29/2025 09:34:38 AM
of the declaration or bylaws of the properry owner's association, has the authority [o amend this
covenanc for eompliance if the City amends the rclevant scetion of the BMP and this covenant no
longer complies with thz new Code.
IN WIT�ESS WHEREOF, Property Owner has caused this instrument to be duly
executed on this'L$ day of �A+( , 20?5.
PROPERTY OWYER:
Wallace Works LLC,
a Montana limited liability company
By �
Name: J Erik-Evans
Title: ts Manager
2851479 Page 3 of 6 O5l29/2025 09:34:38 AM
PROPERTI"OW;tiER'S ACKNOR LEDGEMENT
STATE OF MONTAhA )
SS
COUNTY OF GALLATIN )
On this�day of �� , 2025, before me the u�dersigned,a Notary
Public for the State of �`�(�,�, YLQ,personally appeared, Jon Enk-Evans, known to me to
be the Manager of Wallace Works LLC and the person whose name is subscribed to the within
instrument and acknowledged ro me that he executed the within instrument for and on behalf of
Wallace Works LLC.
IN W ITNESS W HEREOF, 1 have hereunto set my hand and affixzd my Notarial Seal this
day a�d year first above wntten.
ISEAL) Notary Public for the State of �YC�b-Y�--
Mycommissionexpires: �a--�(9�h��(1 '
;•"��v�wE;o^., HO�LY W EIDEN (PrintedName) ��� �, �6UL�-V �
- 0�" " P . Notary Public
''r�Np.nA�^�.�=for the State of Montana �
= -- � Residing at:
;�.SEAL.2�; Bozeman, Montana
� � ��� My Commission ExD��es:
"'•„`"�Q`'�� Decembe�16,2027
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2851479 Page 4 of 6 05/29/2025 09:34:38 AM
Exhibit A
Lcgal Descriplion
Lot A of the Amended Plat of Lots 2 & 3 of Plat G23-A18, Lot 2 of Plat G23-A 16, & Tract 1 of
Mi�ior Subdiaision No. 3, in Block 109 of the Northern Pacific Additiou to the City of Bozeman,
Recorded in Book C of Plats on Page ?3-A50. Locatcd in the Southcast Quartec of Section 6,
Towns'hip 2 South,Range 6 East,Principal Meridian, �lontana,City of Bozeman,Gallatin County,
Montana.
2851479 Page 5 of 6 05/29/2025 09:34:38 AM
Exhibit B
Car Share Program Agreement and Management Plan
Wallace W'orks LLC is a Montana limited Liabifity Company with the address of PO Box 1206,
Bozeman, Montana 59771 (the"Property Owner"):
Lot A of[he Amended Plat of Lots 2&3 of Plat G23-A I 8.Lot 2 of Plat G23-A 16,&Tract
1 of Minor Subdivision No.3, in Block 109 of thc Northem Pacific Addition to the City of
Bozeman, Recorded in Book C of Plats on Page 23-,450. Located in the Southeast Quarter
of Section 6, Township 2 Soath, Range 6 East, Principal bfendian, Montai�a, City of
Bozeman,Gallatin Counry, Montana(the"Property").
Pursuant to Administrative Policy No. 2017-01(the "Policy") and Section 38.540.OSO.A.l.b(3)of
the Bozeman Municipa] Code (the `Code"), the Property Owner plans ro manage a caz shariog
program that will dedicate four (4) shared vehicles and four (4) on-site parking spots oo tBe
Property (the"Car Share Program"). The Proper[y Owner hereby agrees and acknowledges that:
I. The car share management plan (the"Plan")will be managed by the Property Owner and
the Car Share Program shall be commenced prior to issuance of a cenificate of occupaocy.
2. The Property Ou�ner recognizes and agrces [hat a Car Share Managzment Plan mus[ be
appro�zd by the Director of Community Development and be in place prior to approval of
Ihe site plan.
3. The Property Owner shall record a protectiae covenant that requires the Car Sharz Program
to continue for the life of the developmenc.
4. The members of the Car Share Proeram will include ownzrs and tenants of the Property.
5. The Property Owner agrees that the Car Share Program may not be terminated unless there
is approval of the Di�ectors of Community Development,and one or mom of[hese options
bnng the Property into compliance:
a. Execution of a contract with a comparable car sharing sen icc;
b. Entering into a Ciry of Bozeman approved shared parking;
c. Construction of additiunal parkino spaces on-site or off-site;
d_ Pay cash-in-]ieu payments for eligible properties;
e. Demonstrating compliance with the City of Bozeman parking regulations in
another manner.
6. The Property Owner has the authority to amend the Program and the Management Plan as
long as the Program and thc Management Plan are in compliance with the Policy and Code,
and in the event this Progiam or Plan no longer complies with a new Policy or Code.
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7. The Property Owner shall filz an annual repon to verify that the Car Share Program is in
placc and operational no later than December 31'`of each ycar, starting one year after thc
certificate of occupancy for the use is issued.
Car Share Manaeement Plan
The Property Owner will implcmcnt the Management Plan, which shall includc the purchase of
four(4) vehicles and the management of car-sharing services. Neither the Car Share Program nor
the �tanagement Plan will be managed by a third-party providec The Management Plan will
require:
a. The vehicles are to be available to members 24 hours a day, 7 days a week, on an
incremental basis of less than one day, and do not exceed one day of use.
b. The Propeny Owner is to charge its members for time and�'or mileage.
c. Thz Property Owner will provide automobile ]iability insurance, as required by
Mon[ana law, for its members and will implement an advance reservation system
for the vehicles.
d. The Car Share Program parking spaces will be reserved and located on-site (as
dcpicted in the site plan submitted to the Ciry), with a sign of not less than onc
square foot and not more than two square feet in size.
e. Off-street parking areas and the reservation process will be made accessible to car
shaze members at all times of the day through self-service features.
f. All vehicles used for the Car Share Program will be clearly marked with a sticker
of not less than 3"x 3"affixed to thc rear bumper or lower comcr of thc windshicld
identifying the vehide as a car share vehicle for the Pxoperty.
N WITNLSS WHEREOF, the Property Owner has caused this Agreement to be duly executed on
this��day of May,202�.
Wallace Works LLC, a
Montana limited liability company
By:
Io Erik-Evans
It Manager