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Home My WebLink About04- Jacobs Crossing Condominium & The Bowl; The Bowl Parking Spaces ...J -' ",,~ .. <. II n~lllllIllIllIlllIlll~ IDIIII~ 11111 ~IIIIII ~:~:~1 ~~: S~ell~y Vanoe-Gallatin Co I'lT LEASE 18.1!l1!l . ~ 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 Page 1 I. . ....~~.:.: . "T'. .. IIIII~IIIIIIIIIIIIIIUIIIIIIIIIIIIIIIII ~4;~16:~: Snallay V.noa~Q.ll.tin Co MT LERSE 18.00 ~ 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 k~ 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 Page 2 ~ '< .., ., '"' ,_..7 .. .I, ~ STATE OFMONTANA ) :ss County of Gallatin ) IIIIIIIIIIIIIIIIIIIIIIII~II mllllllllllllllllllll ~;~~r:~: Sh.ll.y Vano.-Gallatin Co MT LEASE 18.00 This instrument was acknowledged before me on the / G, day of July, 2004, by . Scott Sorenson. \\"Hl",!. ", u -I, ,," \\"" n UtI '" " . ;. . . . . ^ '-', " ",-' ..' '. .;y~~-, ",,--'<T.' '. ''A-:'' ..... ,v, . , J 2 :\.\OI1\R!>"l(". ;. :'.' :*= ::..: 1\' roT... I' L. :::: ::. ... ~':~': ~,'.'~, ,'\. ,,~..:: ~l\.. ~_,\L....l .;.. .. '..( :::: ( .J,.) ,'\:;:;.... ""'... "1:.""'" '~\' ", "'// ' Of:: MO \",,, 1'1'11111\\\' ~~Monmna Printed Name: ~L.Y^) J.Lu tt-7GEJ-....J Residing at: t5:v ZEyvv<:V...) My Commission Expires: 0 l u'jf- ~ c5lPP~ STATE OFMONTANA ) :ss County of Gallatin ) 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. . .l ~ \ ~ : \ 1 ,'. : ! r ;,.. , , ll. V ._.._",'1,' 1I.1I11~II.t.......".) '".. ./ :.... .,' -1'0" Co \. f:' ,.,'f.. () ~ . . i ~ ffl( ; S f:D.~~ :;:: ,:&l. = -:: r.. ..)>' ,4 :",,~ E \"';~ \< ".,: ').... / :-_ ~ .... . ..' t> ,.' .',,' I~~ ....,..... ~ ~,....'"' '. . .,. ~ '" , I , I / I . , j , ~ I j , . I ' t . ' \ \ - Leese of Par1dng Spac86 Page 3 cuu-L 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 , I IAR10W & SION[C[PH[R. P.LLC ATIO UN ITS JOHN 1t. 1\1-110\\1 TIWI W. Sr01\'IJWIIIFIII llALPn W. Snnl CnmclIr PnUj:AU 'llun.\OIIII} RnIDCn WIlliE ~,Jrnm KIILlr A. MOmON 14:;9 \VIS, HAnCOCK ROz[~1AN, MONTANA 597Li P~!ONt;, \4(6) 586-9714 [AX, (406) 5869720 <<UrNA OHler. :l:l SOUIlJ [WING. Surn: In UnJNA. Ml :)9601 PIHlN~:, (406) 45l~Y.4:):) ~^X, \~o/; 1:)72656 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, ._ ~~.~ 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.)