HomeMy WebLinkAbout04- Jacobs Crossing Condominium & The Bowl; The Bowl Parking Spaces
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S~ell~y Vanoe-Gallatin Co I'lT LEASE 18.1!l1!l .
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LEASE OF PARKING SPACES
This Lease of Parking Spaces (1he "Leasej is made by and between Scott
Sorenson, with respect to the business known as "The Bowl: and the parking lot
adjacent to it, located at 414 East Babcock, Bozeman, Montana ("The Bowl"), and
Moose Point, L.P., a California limited partnership ("Moose Point"), which manages and
owns units In the Jacobs Crossing Condominium at 424 East Main Street, Bozeman,
Montana (the "Condominium").
WHEREAS, Moose Point wishes to acquire eighteen (18) additional parking
spaces in order to meet City of Bozeman requirements with respect to its operations
and The Bowl has eighteen (18) parking spaces available to rent to Moose Point for
these purposes, all in accordance with the terms and conditions of this Lease,
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, The Bowl and Moose Point hereby agree as follows:
1. The Bowl hereby leases to Moose Point eighteen (18) parking spaces
presently available in the parking lot adjacent to The Bowl at 414 East Babcock solely
for the purpose of providing parking spaces with respect to, and for the benefit of, the
Condominium.
2. Moose Point agrees to pay to The Bowl as rent for these eighteen (18)
par10ng spaces the sum of one dollar ($1.00) per year, the first annual rental payment
being paid at the time this Lease is executed, with The Bowt hereby acknowledging
receipt of that rental. Annual rents from this point forward shall be due and payable to
The Bowl on or before each anniversary of the date this Lease is signed.
3. As additional consideration for this Lease, Moose Point agrees to perform
the following work, at its expense:
A. Seal coat. patch, and re-stripe the parking lot at The Bowl, east of
the building, this work to be coordinated with The Bowl and oompleted in 2004.
B. For each year this Lease is in effect. commencing with calendar
year 2005, Moose Point shall, before October 1 of each year, perform routine
maintenance on the parking lot at The Bowt. to include patching of holes and cuts cause
by ordinary use and wear and tear on the parking lot from the automobile traffic of
customers of The Bowl. Moose Point is not obligated under this subsection to perform
any major repairs, replacement, or resurfacing of the parking lot caused by any other
activity .
C. This Lease is for a lenn of five years. commencing Odober 1, 2004
and terminating September 30, 2009. Moose Point may renew this Lease for an
additional tenn of five years toSeptember 30, 2014, by giving notice of its intention to
Lease of Parking Spaces
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Snallay V.noa~Q.ll.tin Co MT LERSE 18.00
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renew to Scott Sorenson at The Bowl, 414 East Babcock, Bozeman. Montana. on or
before July 1 ,2009. In the event this Lease terminates for any reason, including the
expiration of its term or its non-renewal, the parties to it shall provide notice of that fact
to the Bozeman Planning Department, P.O. Box 640, Bozeman, Montana, 59771~0641,
and the Office of the Bozeman City Attorney, 411 East Main Street, Bozeman, Montana,
59715.
4. This Lease is made in Bozeman. Montana. and shall be construed and
interpreted. and the rights of the parties to it shall be determined and enforcecl, in
accordance with the laws of the state of Montana.
Dated this ~ day of July, 2004.
THE BOWL
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Scott Sorenson
MOOSE POINT, L P., a California Limited Partnership
By: BURGlE MANAGEMENT COMPANY, LLC,
A California Umited Uability Company, General Partner
By: THE CECICH FAMilY 1986 TRUST,
Dated November 18, 1986, as Amended,
Sole Member of Burgie Management
Company, LLC.
By: tkS>'iG.tu~C='~
DAVI . CECICH, Co. Trustee
ru-I\ 7 ~ (1T/7A.L~
By:
LORI R. CECICH, Co-Trustee
Lease of Paoong Spac88
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STATE OFMONTANA
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County of Gallatin )
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Sh.ll.y Vano.-Gallatin Co MT LEASE 18.00
This instrument was acknowledged before me on the / G, day of July, 2004, by
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Scott Sorenson.
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Printed Name: ~L.Y^) J.Lu tt-7GEJ-....J
Residing at: t5:v ZEyvv<:V...)
My Commission Expires: 0 l u'jf- ~
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STATE OFMONTANA )
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This Instrument was acknowledged before me on the IlR.t,.Q.. day of July, 2004. by
David K. Cecich and Lori R. Cecich as Co-Trustees of The Cecich Family 1986 Trust,
Dated November 18. 1986, as Amended; Sote Men'tJef of Burgie Management
Company, LLC, a California Urnited Uabifity Company; General Partner of Moose Point,
L.P., a California Umited Partnership.
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o ry Public for the State of Montana
Printed Name: VANE. ~. Sne-OH
Residing at: r30JL-h"'\-GL1...o
My Commission Expires: 3 / c., /200 '1
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ROz[~1AN, MONTANA 597Li
P~!ONt;, \4(6) 586-9714
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September 14, 2004
Robin L. Sullivan
Clerk of the City Commission
311 E. Main Street
Bozeman, MT 59715
RE: Jacobs Crossing Condominium - Original Lease of Parking Spaces
From The Bowl
Dear Robin:
I was informed by the Planning Department that the original of each lease
of parking spaces entered into by a developer to satisfy the parking requirements
required for their developments has to be lodged with you, as Clerk of the City
Commission. To accomplish that, I have enclosed the original lease of parking
spaces between the developer of the Jacobs Crossing Condominium (both the
Jacobs Crossing building and the Dunbar building) with The Bowl, located at 414
East Babcock, for 18 parking spaces. Please let me know if, for any reason, you
are not the proper repository for this document. Thank you.
Very truly yours, ._
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Tom W. Stonecipher
TWS/gce
Enclosure: Lease of Parking Spaces
cc: Jamie Morris (w/o encl.)
Tim Cooper (w/o encl.)
Lori and Dave Cecich (w/o encl.)