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HomeMy WebLinkAboutOff-site Parking Space License Agreement - signed After recording return to: Bozeman City Clerk PO Box 1230 Bozeman MT 59771 OFF-SITE PARKING SPACE LICENSE AGREEMENT This Off-Site Parking Space License Agreement is made this f day of 2022,by and between Medical Arts Building Partners, LLC, located at 300 N. Willson Avenue, Bozeman, MT 59715, as"Medical Arts,"and Mountain View Building, LLC, located at 111 W. Lamme Street, Suite 101, Bozeman,MT 59715, as"Mountain View."The City of Bozeman,PO Box 1230,Bozeman,MT 59771 ("City")is not a party to this Agreement, but consents to the Agreement for the purpose of meeting the City's parking requirements. NOW THEREFORE, for valuable consideration and the performance of the requirements set forth herein,the parties agree as follows: 1. Mountain View is the owner of real property defined as Lots 2 and 3 of the Amended Subdivision Plat of Block"A"of Tracy's Third Addition and a portion of vacated street, City of Bozeman, Gallatin County, Montana,according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County,Montana(Plat C-18-D)(the "Mountain View Property"). 2. Medical Arts is the owner of Lot I of the Amended Subdivision Plat of Lots 1 -6 and a portion of Lot 7,Block 3 of the Amended Beall's Third Addition to the City of Bozeman, Montana(Plat C-44-N), and a portion of a vacated 14' alley(COB Ord. 902), all located within the NW 1/4 of Section 7,Township 2 South,Range 6 East, City of Bozeman,Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,Montana. (Plat C-44-N) 3. Medical Arts is in the process of redeveloping its property as part of the North Central Master Plan,including a building known as The Henry (Site Plan Application No. 21-231), and construction of The Henry will displace 17 parking spaces needed for zoning compliance for the Medical Arts property. 4. Mountain View is in the process of developing a temporary parking lot to accommodate the temporary parking needs for the AC Hotel(Site Plan Application No. 19-078)while its permanent parking location is being constructed(Site Plan Application No.21-165 and STUP Application No. 21-325). 5. The temporary parking lot at the Mountain View Property is suited for shared parking purposes for both the 80 parking spaces temporarily needed for the AC Hotel and the 17 parking spaces temporarily needed for the Medical Art Property because peak demand for the respective needs occurs at different times of the day. 6. Mountain View grants to Medical Arts for it benefit and that of its successors and assigns an easement, right and license for the use of 17 parking spaces on the Mountain View Property for the purpose of meeting the parking requirements of the Medical Arts Property until such spaces have been replaced on the Medical Arts Property by the completion of The Henry or such other qualifying parking spaces (the"License"). 7. The City consents to the License granted herein provided the 17 spaces meet all applicable requirements of the Bozeman Municipal Code(BMC)during the term of the License. 8. All parties recognize the significant legal implications of this License Agreement and have consulted legal counsel prior to signing. This License Agreement shall run with the land, and shall be binding upon the heirs, successors and assigns of the Mountain View and Medical Arts 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. 9. The City reserves the right to require Medical Arts to provide parking spaces at a different location(s)to meet the parking requirements for the Medical Arts Property if at any time the Director determines, in his or her sole discretion,the parking spaces subject to the License do not meet the applicable site plan criteria, conditions of approval,or other applicable requirements of the BMC for the Medical Arts Property. Failure to do so will constitute noncompliance with the site plan approval for The Henry. In such a case,Medical Arts 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. 10. 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. IN WITNESSES WHEREOF,this Agreement was executed and is effective as of the date first stated above. Signatures on Next Page Medical Arts Building Partners,LLC Mountain View Building,LLC By: Bert A. Getz,Jr.Authorized Member By: Andy Holloran,Authorized Member CITY OF BOZEMAN `� a cciM, LAUREN J CUMMINGS Ty—Anna Bentley Q�. �;'; Notary Public Interim Director of Community Development =g:'NoTARIq(2N;for the State of Montana *: —— *= Residing at: �T.SEAL.z� Bozeman, Montana '9OF t/Oe My Commission Expires: STATE OF MONTANA ) September 04, 2023 : ss. County of Gallatin ) This instrument was acknowledged before me on this day of CL, CA ,2022,by Bert Getz,as authorized member of Medical Arts Building,LLC. N LIC R THE STATE O ONTANA STATE OF MONTANA ) ss. County of Gallatin ) h This instrument was acknowledged before me on this' T day of 2022, by Andrew Holloran,as authorized member of Mountain View Buil ' LC. a i cii�;"2 LAUREN JI CUMMINGS 04... 'k Notary Public OR THE STA ONTANA S:�p'VARjq,.N-_for the State of Montana * *_ Residing at: .SEAL, Q Bozeman, Montana ';,9 ., .• P? My Commission Expires: September 04, 2023 STATE OF MONTANA ) : ss. County of Gallatin ) This instrument was acknowledged before me on this Thday of Jv-(')e ,2022,by Anna Bentley,as Interim Director of Community Development for the City of Bozeman. MARCY YEYKAL NOTARY PUB FO STATE OF MONTANA t� Notary Public r,oTAn,A,'• =for the State of Montana Residing at: 51''�l••��; Belgrade; Montana My Commission Expires: OF MO , July 14,2025