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HomeMy WebLinkAbout25_OffSiteParkingSpaceLicenseAgreement_06162021 After recording return to: Bozeman City Clerk PO Box 1230 Bozeman MT 59771 2674195 Page: 1 of 5 02/27/2@2@ @9 03.28 RM Fee, $35.00 Eric Semerad - Gallatin Cpunty, MT MISC I 1111111111111111111111111111111141111111111111111 IIIIIII 11111111111 ill IIII OFF-SITE PARKING SPACE LICENSE AGREEMENT 441 This License Agreement is made this° day of , , 20?—P by and between Medical Arts Building Partners LLC located at 300 N. W llson 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 1/2 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 for application 19078 (the"Project"). Page 1 of 5 2674195 Page 2 of 5 02/27/2020 09:03:28 AM 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 Page 2 of 5 2674195 Page 3 of 5 02/27/2020 09:03:28 AM OWNER/GRANTOR Medical Arts Building Partners LLC 'gy"qk by Bert A. Getz Authorized Signatory STATE OF MONTANA ) )ss. County of Gallatin ) On this e-day of 20 24 before me,the undersigned, a Notary Public for the State of Monta 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 arAyear first above written. NA LAUREN J CUMMINGS Publ fo the State of Mon a ;'Q`�a 3 uM?'� '' Notary Public s,NOTAp/q *- for the State of Montana Printed Name: 0 *; *- Residing at: y SEAL Bozeman, Montana Residing in My Commission Expires: My Comission expire September 04,2023 m Page 3 of 5 2674195 Page 4 of 5 02/27/2020 09-.03-.28 AM LICENSEE /GRANTEE Straightaway Bozeman Investors, LLC by Andy Holloran Authorized Signatory STATE OF MONTANA ) )ss. County of Gallatin } On thi§ day of 4::t 2(}Q D before me,the uncle signed, a Notary Public for the State of Mon a,personally appeared , My ,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 and year first above written. EAUREN J CUMMINGS `,��a S CU,y��' ,' Notary Public NPt ubli the State of Mon a =�:�0TARjq<tio_for the State of Montana Name. , v�t�nry'� y j `T Residing at: u3.SEAL. Q; Bozeman, Montana Residing i �• tr1 ,�`q't' ? •.• .c�=° My Commission Expires: My Commission expires , � " September 04,2023 Page 4 of 5 2674195 Page 5 of 5 02/27/2020 09:03:28 AM THE CITY OF BOZEMAN —)10C42)44� BY: TIN TSEN, DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF BOZEMAN STATE OF MONTANA } :ss County of Gallatin ) On this X? day of (U 20?_0, before me, a Notary Public for the State of Montana,personally appeared Wartin 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. QN�K,�;sr,l SHANN N L Lo STERHpF Notary Public �J{ o-TAR1,q� for the State of Montana Residing at: Printed Name Here .�;•S�-AI,.�� Bozeman, Montana I ) 19� My Commission Expires: Notary Public for the State of Montana OF M6 March 17, 2021 Residing at 1�j��,PJ�rV1G�r1, 9�T My Commission Expires: (Use 4 digits for expiration year) Page 5 of 5