HomeMy WebLinkAbout20- Off-site Parking Space License Agreement - Straightaway Bozeman Investors, LLC After recording return to:
Bozeman City Clerk
PO Box 1230
Bozeman MT 59771
PLATTED �
2674195
Page: 1 of 5 02/27/2020 09:03:28 AM Fee $35.00
Eric Semerad - Gallatin County, MT MISC
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OFF-SITE PARKING SPACE LICENSE AGREEMENT
This License Agreement is made this',Tay of , 202Dby and
between Medical Arts Building Partners LLC located at 300 N. VAllson Avenue,
Bozeman,MT 59715 hereby referred to as"Owner" or"Grantor," and Straightaway
Bozeman Investors, LLC located at 20 N. Tracy Avenue, Bozeman, MT 59715 hereby
referred to as "SBI" or"Grantee" and with consent of the City of Bozeman, PO Box
1230, Bozeman MT 59771 ("City")to meet parking requirements of the City.
For valuable consideration,the receipt of which is hereby acknowledged, the Owner and
SBI, agree as follows:
1. Medical Arts Building, LLC is the owner of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 in
Block 4 of Beall's Third Addition to Bozeman, Montana together with a strip of
land 8 %feet in width lying East of and adjoining said Lots 1-10 inclusive,
vacated for street purposes by Ordinance No. 699 of the City of Bozeman, which
ordinance was recorded May 11, 1946 in Book 13 of Miscellaneous, page 123
records of Gallatin County, Montana, all according to the official plat thereof,on
file and of record in the office of the County Clerk and Recorder, Gallatin County,
Montana, hereby referred to as"Owner's Property"
and whereas, Straightaway Bozeman Investors, LLC is the owner of said property
whose legal description is described on Exhibit A attached, hereby referred to as 5
E. Mendenhall Street,Bozeman, MT 59715 according to the plat thereof, on file
and of record in the office of the Clerk and Recorder, Gallatin County, Montana;
and it is SBI's desire to use Owner's Property to meet the parking requirements of
the City for application 19078 (the"Project").
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2. Owner grants to Grantee for its benefit and that of its successors and assigns an
irrevocable easement, right and license for the exclusive use of 80 parking spaces
on Owner's Property("Licensed Parking Spaces") for the purpose of meeting the
parking requirements of the Project("License"). The City consents to the License
granted herein provided the 80 parking spaces so licensed meet all applicable
requirements of the Bozeman Municipal Code, Chapter 38 for the Project during
the term of the License.
3. All parties recognize the significant legal implications of this License Agreement
and have consulted legal counsel prior to signing. This License Agreement shall
be perpetual, shall run with the land, and shall be binding upon the heirs,
successors and assigns of the Owner and SBI hereto and must be recorded in the
records of the Gallatin County Clerk and Recorder. This License Agreement may
be terminated or modified and the License granted herein revoked only by prior
written consent of the Grantee and the City's Director of Community
Development("Director") by a document filed in the records of the Gallatin
County Clerk and Recorder.
4. The City reserves the right to require Grantee to provide parking spaces at a
different location(s)to meet the parking requirements of the Project if at any time
the Director determines, in his sole discretion,the Licensed Parking Spaces do not
meet the applicable site plan criteria or other applicable requirements of the
Bozeman Municipal Code(BMC) for the Project. Failure to do so will constitute
noncompliance with the site plan approval for the Project.
In such a case, Grantee agrees it will, within six(6) months of the date of the
Director's determination that all or a portion of the Licensed Parking Spaces no
longer meet the applicable site plan criteria or other applicable requirements of
the BMC, provide alternative parking spaces to the satisfaction of the Director or
pay cash-in-lieu of parking(as provided for in 38.540.050,BMC) at the amount
set by the City at the time of the Director's determination the Licensed Parking
Spaces no longer meet the applicable site plan criteria or other applicable
requirements of the BMC.
5. Each person signing this License Agreement represents and warrants that he is
fully authorized to execute this License Agreement on behalf of the entity on
whose behalf such individual has signed this License Agreement, and that by
signing this License Agreement such entity will be bound by the terms contained
herein.
END OF DOCUMENT EXCEPT FOR SIGNATURES
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OWNER/GRANTOR
Medical Arts Building Partners LLC
��� '4 �4 r
by Bert A. Getz
Authorized Signatory
STATE OF MONTANA )
)ss.
County of Gallatin )
On this e-day of 1�� 20before me,the undersigned, a
Notary Public for the State of Mont a,personally appeared - _�and
the person who name is subscribed to the within instrument, and acknowledged to me
that they executed the same for and on behalf of Medical Arts Building Partners LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day year first above written.
LAUREN J CUMMINGS
Notary Public
Publ fo the State of Mon a =3:r oTAFi►.44-- for the State of Montana
- - Residing at:
Printed Name: SEAL. *= Bozeman, Montana
Residing in 0�1 �� My Commission Expires:
°j.,,„ ,. ,,.,•°°� September 04,2023
My Commission expire64CA--i�s
Page 3 of 5
LICENSEE /GRANTEE
Straightaway Bozeman Investors, LLC
by Andy Holloran
Authorized Signatory
STATE OF MONTANA )
)ss.
County of Gallatin )
On thisw day of � 20,2y, before me,the unde signed, a
Notary Public for the State of Mont a,personally appeared . and
the person who name is subscribed to the within instrument, and ackn wledged to me
that they executed the same for and on behalf of Straightaway Bozeman Investors, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day d year first above written.
LAUREN J CUMMINGS
v `,Q��J CU y4f Notary Public
N, Publi the State of/Mon a =S.NOTAAi.v4 01 for the State of Montana
Panted Name. , �'C:n � Residing at:
SEAL.-'* Bozeman, Montana
Residing i G C n C-G�l T 9� My Commission Expires:
My Commission expires September 04,2023
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THE CITY OF BOZEMAN
BY: TIN NrATSEN,
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On this 9l? day of 20 z ,before me, a Notary Public for the State
of Montana, personally appeared Martin Matsen, known to me to be the person described
in and who executed the foregoing instrument as Director of Community Development
for the City of Bozeman, whose name is subscribed to the within instrument and
acknowledged to me that he executed the same for and on behalf of said City.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the
day and year first written above.
�Kio;'' SHANN N LO STERHOF
�ole,....'srF� Notary Public n�•�olnaq�•v for the State of Montana
Residing at: (Printed Name Here)
Bozeman, Montana
My Commission Expires: Notary Public for the State of Montana
March 17,2021 Residing at
My Commission Expires: 3• kl• akO
(Use 4 digits for expiration year)
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