HomeMy WebLinkAbout25_OffSiteParkingSpaceLicenseAgreement_06152021 After recording return to:
Bozeman City Clerk
PO Box 1230
Bozeman MT 59771
OFF-SITE PARKING SPACE LICENSE AGREEMENT
This License Agreement is made this &dayof t2�-< c. t � 20� by and
between Medical Arts Building, LLC located at 300 N. Willson 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
to meet parking requirements of the City of Bozeman.
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 '/2 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 of Bozeman for application 19078 (the"Project").
2. Owner grants to SBI for its benefit and that of its successors and assigns an
irrevocable easement, right and license for the exclusive use of 80 parking spaces
Pagel of 5
on Owner's Property 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. This License Agreement
may be terminated or modified and the License granted herein revoked only by
written consent of SBI and the City of Bozeman's Director of Community
Development("Director")by a document filed in the records of the Gallatin
County Clerk and Recorder.
4. 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
Page 2 of 5
OWNER/GRANTOR
Medical Arts Building,LLC
Z d' X
by Bert A. Getz, Jr.
Authorized Signatory
STATE OF MONTANA )
)ss.
County of Gallatin )
On this —day of �- 20/ before met the undersigned, a
Notary Public for the State 6f Montana, personally appeared 6 rl A = and
the person who name is subscribed to the within instrument, and acknowledged tb me
that they executed the same for and on behalf of Medical Arts Building,LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
da ear first above written.
r--
tary Pub ic. or the State of ontana -.,
Printed Nam �c� ;e;,`j.. " �� ;c`�`'�c��'�� LAUREN i Notary
MINGo
Public
Residing irC--G�\c Cc a-00TAR1q4 2N"_for the State of Montane
M Commission expires �� = *
Residing at:
Y P :s�;.SN:A��.��- Bozeman, Montana
My Commission Expires:
September 04, 2019
Page 3 of 5
LICENSEE /GRANTEE
Straightaway Bozeman Investors, LLC
by Andy Holloran
[Authorized Member
STATE OF MONTANA )
)ss.
County of Gallatin )
On this 636 day of A 20L2-,- before me the undersigned, a
Notary Public for the State of Montana, personally appeared un and
the person who name is subscribed to the within instrument, and ackn6wledged 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 and year first above written.
r—�-V Y-� ,• .'ct,ti� LAUREN J CUMMINGS
ry Pub is or the State of M tana ;Q' Notary Public
Printed Name. �C� ��y�yt � -5.�oT�piq�:N_for the State of Montana: .. •,_ Residing at:
Residing in - :,n�.SEAL. Bozeman, Montana
glF' �P My Commission Expires:
My Commission expires oFM° ,•' September04,2019
Page 4 of 5
THE CITY OF BOZEMAN
BY: MARTIN MATSEN,
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of 20 , 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.
(SEAL)
(Printed Name Here)
Notary Public for the State of Montana
Residing at
My Commission Expires:
(Use 4 digits for expiration year)
Page 5 of 5