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Vacancy Mitigation Procedures for the Kohl’s Department Stores, Inc. ("Kohl’s") Building
In the event that the Kohl’s building planned for Lots 21-25 of the Bozeman Gateway
Subdivision PUD, Phase 2 at any time (or times) after its initial occupation be permanently
vacated by any occupant, the owner or owners or occupant thereof (as appropriate) shall
implement the following building vacancy mitigation procedures:
1. The exterior of the building, associated parking lot and private drive, storm water system,
outside lighting, landscaping and irrigation system shall continue to be maintained,
secured, repaired or replaced in the same manner as when the building was occupied.
2. All exterior business signs shall be removed and exterior building surfaces shall be
repaired and repainted to the extent required to provide a neat appearance within 90
days after the property becomes vacant.
3. Trash and litter shall be removed on a regular basis at least once a week.
4. Should the building be permanently vacated by any occupant for a period longer than 6
months for any reason other than fire or some other casualty or a force majeure event,
or alterations, remodeling, additions and/or similar construction activities, then the owner
or owners or occupant of the building (as appropriate) shall thereafter implement with
reasonable dispatch commercially reasonable efforts which are designed to cause the
building to be reoccupied and devoted to any use or uses permitted in the Bozeman
Gateway Planned Unit Development.
5. The owners of the building will look first for a buyer, lessee or user that desires the entire
building for a use that is compatible with the PUD. The second strategy will be to demise
the building for multi-tenant reuse or find a buyer or user that desires to demise the
building for multi-tenant reuse. The Kohl’s building is of such a design and character that
it may be demised into three functioning building units. Demising the space will require
modifications to portions of the heating, lighting, ventilation and fire sprinkler system
components to adapt the building to reuse. These modifications and adaptations are
subject to building permit approval at the time of building reuse.
6. Every lot in the PUD, including the uses anticipated by this vacancy mitigation plan, shall
be used only for retail and service functions and other uses allowed in B2 zoning,
including but not limited to retail, education, professional and personal services, offices,
restaurants, convenience uses, and general service activities.
7. All or a portion of Lots 21-25 may be used for any permitted use as allowed under
the Article VI USE RESTRICTIONS of the Declaration of Restrictions and Grants of
Easements for Bozeman Gateway recorded November 9, 2006, as Document No.
2247808 in Gallatin County, Montana.
8. If at some future time the owner of the building to be constructed on Lots 21-25
elects to demolish this building, the City of Bozeman through the site plan review
process in force at that time, may approve an amended site plan which might
accommodate multiple tenants or multiple buildings, subject however to the
limitations set forth under the Bozeman Gateway Subdivision, PUD, and the
Bozeman Gateway Development Manual and the Declaration of Restrictions and
Grants of Easements.