HomeMy WebLinkAbout14 - Bozeman Parking Commission and Bangtail Partners, LLC - 122 West Main Street AFTER RECORDING PLEASE RETURN TO:
Scott Lee
Parking Manager,City of Bozeman
PO Box 1230 -
Bozeman,MT 59771-1230
s
BOZEMAN PARKING COMMISSION
AraREEMENT FQ6 IFHE USE SKMAEAM
IN TjjE ILIT
THIS T made and entered into this 8th y of January 214 by and
betweenthe BOZEMAN PARKINGCOMMISSION, an entity of the City of Bozeman,
Montana, created pursuant to City of Bozeman Resolutions 1676, 139, and 3803 and formed
under the laws of the State of Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771 (the "Parking Commission") and Bangtail Partners, L LC (hereinafter the "Hotel'),
with an address of 122 West Main Street, Bozeman, MT and a mailing address of 33 North
Black Avenue, Bozeman, MT 59715.
WHEREAS, the City of Bozeman is the recipient of a Congressional
appropriation dedicated to the construction of the Bridger Park Downtown Intermodal
Facility ( ridger Park); and
WHEREAS, the Parking Commission is the entity charged with the regulation of
parking in the City of Bozeman and is authorized by law to enter into lease and rental
agreements for the long term use of the Bridger Park.
NOW THEREFORE, in consideration of the mutual promises and consideration
hereinafter described, and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties do agree as follows:
Page 1 of 7
1. Purpose. The Hotel desires to use parking spaces in the Bridger Park for the sole
purpose of providing parking for the Hotel, located at 1 2 2 West Main
t r e e t. Said parking shall be for the use of the Hotel, including without limiting,
its owners, employees, guests, invitees, and suppliers. This Agreement sets forth
the terms pursuant to which the Parking Commission authorizes the Hotel to use
such parking spaces.
2. T2MI of Agregn32I3Vj2MjLrjgLiW. This Agreement shall be executed and effective
no later than Final Site Plan approval from the City of Bozeman Department of
Community Development. The term of lease for parking spaces as provided for
herein shall commence no later than the issuance of a certificate of occupancy from
the City of Bozeman Building Division. The lease issued hereunder shall be in effect
for no less than 25 years from the date of lease of parking spaces. The parties may
renew this Agreement and the lease issued hereunder for five (5) additional five (5)
year periods upon written request by the Hotel. The Hotel may not terminate this
Agreement without the prior written consent of the Parking Commission. The Parking
Commission may not terminate this Agreement unless such termination is required
by law.
Notwithstanding the above, unless otherwise authorized by the Parking Manager in
writing, this Agreement shall terminate automatically should the final site plan
approval for the Hotel, if granted by the City of Bozeman, lapse pursuant to the
requirements of 3 .19.120. , BMC but in no case shall this Agreement remain in
effect including the obligation of the Parking Commission to lease parking spaces
under this Agreement should the Hotel not obtain a building permit from the City of
Bozeman within two (2) years of the effective date of this Agreement. In addition,
this Agreement shall terminate if a building permit is issued within two (2) years of
the effective date of this Agreement but a final occupancy permit is not issued by the
City of Bozeman due to no fault of the Hotel within four (4) years of the effective date
of this Agreement.
3. Number and.Use of Parking Spaces. T ing Commission shall make
available to the Hotel no more than nine eh ( sp=eime
o less than that
required under UDC parking requirements in of final site plan
approval for the sole purpose of providing parking, and access thereto, for the use of
the Hotel on a 2 -hour basis. The number of spaces made available for lease to the
Hotel shall be no less than that required under UDC parking requirements in
existence at the time of final site plan approval which number is four O. The Parking
Commission shall, upon request, provide the Hotel notice of how many parking
spaces are available on or before December 31 each year. In addition to the above,
the Parking Commission shall provide repair and maintenance, including without
Page 2 of 7f....,.,
limiting, graffiti removal, striping, and pothole/crack repair during normal business
hours.
4. Rate and Adjust ent/ Vl Access Cards. The Hotel shall__pay_ the Parking
Commission a monthly rate per space upon commencement of the lease as set forth
in paragraph 2 as such rate is estabrI 6,66TV, IN harking Commission. The
Parking Commission may increase the rate withou NpriorRnotrce to the Hotel on an
annual basis in accordance with Parking Commission policy. Such policy requires
rates to be established in compliance with the Master Agreement as discussed in
Section 5, below. The Parking Commission may charge a refundable deposit and
actual costs of replacement for AV[ access cards.
5. ftit MJM CgrLtr9l, The Hotel recognizes the City of
Bozeman constructed the Bridger Park with funds obtained through a Congressional
appropriation as administered by the United States Department of Transportation's
Federal Transit Administration (FTA Project No, T-04-000 -00). In addition, the
Hotel recognizes the City of Bozeman annually enters into an agreement with the
FTA called the Master Agreement (FTA A(19), October 1, 2013) (Exhibit A). In its
use of parking spaces under this Agreement the Hotel shall take no action which
would adversely affect the federal interest in the Bridger Park and shall at all times
use the parking spaces in a manner that complies with the Master Agreement.
Further the Hotel recognizes that the City of Bozeman must maintain satisfactory
continuing control over the Bridger Park and that there may be no interference with
transit functions. Any revenue collected in excess of operation and maintenance
costs are to be committed to the provision of public transportation services.
The Hotel agrees the Parking Commission has and may adopt rules, regulations,
and administrative directives for the reasonable operation of the Bridger Park. The
Hotel shall abide by all such rules, regulations, and directives.
6. Mgdification and Assignability: This documentcontains the entire agreement
between the parties and no statements, promises or inducements made by either
party or agents of either party not contained in this written Agreement may be
considered valid or binding. This Agreement;may not be enlarged, modified or
altered except by written agreement signed by the parties hereto. The Hotel may
not subcontract or assign its rights or delegate its duties under this Agreement
without the prior written consent of Parking Commission.
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r
7. Compliance with Unified Development Code: The Hotel acknowledges it is
required, pursuant to the City's Unified Development Code (Chapter 38, C), to
provide parking spaces for Hotel uses. The Hotel intends this Agreement to satisfy
some portion of its UDC parking requirement. As such, this Agreement is
revocable only with the prior written approval of the appropriate UDC review
authority.
. pl.g ility: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
9. on- iscriinatlion. The Hotel shall not discriminate in the fulfillment of this
Agreement on the basis of race, color, religion, creed, sex, age, marital status,
national origin, or actual or perceived sexual orientation, gender identity or disability.
10.JndQ 313ifigiatigirifflgidg[ml ss. The Hotel agrees to the fullest extent permitted by
law, to defend, indemnify, and hold the Parking Commission and the City of
Bozeman including their officers, agents, and employees, the Intermodal Commerce
Condominium Association and its individual Unit Owners, and the Mendenhall
Marketplace Condominium Association and its individual Unit Owners harmless
against claims, demands, proceeding, suits, damages, losses, and expenses
including attorney fees and costs connected therewith that may be asserted or
claimed against, recovered from or suffered by any of the above by reason of any
injury or loss, including but not limited to, personal injury, including bodily injury or
death, property damage, loss of use, or other injury or loss of any kind occasioned
by, growing out of, or in any way arising or resulting from any intentional, reckless, or
negligent act on the part of the Hotel, its owners, employees, guests, invitees,
suppliers, lessees, licensees, guests, patrons, employees, officers, or agents while
using the Bridger Park.
The Hotel on behalf of its lessees, licensees, guests, patrons, employees, officers,
and agents, hereby waives any and all claims and recourse against the Parking
Commission, the City of Bozeman, including its officers, agents or employees, and
the Intermodal Commerce Condominium Association and its individual Unit Owners,
and the Mendenhall Marketplace Condominium Association and its Individual Unit
Owners including the right of contribution for loss or damage to person or property
including loss of use arising from, growing out of, or in any way connected with or
incident to the performance of this Agreement except "responsibility for his own
fraud, for willful injury to the person or property of another, or for violation of law,
whether willful or negligent" as per 28-2-702, MCA. Nothing contained in this
paragraph shall be construed as the Hotel waiving any claims and recourse against
Page 4 of 7
the Parking Commission, the City of Bozeman, including its officers, agents or
employees for a breach of this Agreement.
Should the Parking Commission, the City of Bozeman, the Intermodal Commerce
Condominium Association to include its individual Unit Owners, or the Mendenhall
Marketplace Condominium Association to include its Unit Owners be required to
bring an action against the Hotel to assert its right to defense or indemnification
under this Agreement any of the entities named above shall be entitled to recover its
reasonable costs and attorney fees incurred in asserting its right to indemnification
or defense but only if a court of competent jurisdiction determines the Hotel was
obligated to defend the claim(s) or was obligated to indemnify the above entities for
a claim(s) or any portion(s) thereof.
The obligations of this section (section ten (10)) shall survive termination of this
Agreement.
11.j11aULp=. In addition to and independent from the requirements of Section 10, the
Hotel shall secure insurance coverage in a form acceptable to the Parking
Commission and furnish to the Parking Commission an accompanying certificate of
insurance issued by a company authorized to do business in the State of Montana in
amounts not less than as follows:
® Workers' Compensation -statutory
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000
annual aggregate
. Automobile Liability - $1,000,000 property damage/bodily injury;
$2,000,000 annual aggregate -
The Parking Commission, City of Bozeman, and their officers, agents, and
employees, shall be endorsed as an additional insured on a primary non-contributory
basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall
include no less than a thirty (30) day notice of cancellation or non-renewal. The
Hotel must demonstrate to the City's satisfaction that the above insurance coverage
is in place and is provided in a manner acceptable to the City including any
endorsements prior to the Hotel using any parking spaces. Nothing herein shall
grant the City the authority to require the Hotel to use the services of a specific
insurance provider.
Page 5 of 7
12-Aulborization. The parties signing below hereby represent and warrant that they
are duly authorized to sign this agreement on behalf of the entities.
13.Recordation, This Agreement shall be recorded in the files of the Gallatin County
Clerk and Recorder. All costs of recording shall be borne by the Hotel. A copy of this
recorded agreement shall be provided by the Parking Manager.
End of Agreement except for signature page
Page 6 of 7
Executed this day ofm .a
Parkina Carr
Manager
STATE OF MONTANA
County of Gallatin )
This Instrument was ackno l r on d y of
Scottr i r for the Cityz n
AIMEE RRUNCKM R T
rNOTARY PUBLIC for the
LState of Montana li for State ontana
Pesldln at Retprade,Montana Printed °
orntnd aeon i Expires
t� Cetnbar , pf6 Residing in
CommissionMy Expires:
it rt LC;
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A
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GregoryAvis, Trustee
STATENTN )
County of Gallatin )
This instrument oknor ed before rn he f
20 Y
Notary Pu or the State of Montana
Printedlt ;
(SEAL) Residing in
My Commission Expir
Page 7 of 7
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