March 25-26, 2004


ITEM 122-2004-R0304��������������� Authorization to Enter into a Time-limited Access License with Dick Clotfelter, Stephen Forte, and Casey Tolliver for Use of the Museum of the Rockies Entry Drive; Montana State University-Bozeman


THAT:�������������������������������������� The Board of Regents of Higher Education authorizes Montana State University-Bozeman to enter into a time-limited access license with Dick Clotfelter, Stephen Forte, and Casey Tolliver for use of the Museum of the Rockies entry drive.


EXPLANATION:����������������������� 1.�� Directly south of the Bozeman main campus is a 15+/- acre tract of land and an 80,000+/- GSF office/industrial building, which formerly housed the 500-employee Video Lottery Corporation.� VLC has been acquired by a larger entity which is relocating all operations from Bozeman.


2.�� The former VLC property is now being acquired by three local businessmen.


3.�� This private property is currently accessible only via the Museum of the Rockies entry drive.� The University is no longer willing to have its entry drive serve as an official access to a private property.� However, the University is willing to allow the new property owners to use this entry drive, for a limited period of time, until a new city street can be constructed as the official access to the property.� It is the intent of the developers and the City to extend 11th Street south of Kagy Avenue, which will provide the official access to the property.


4.�� Under the proposed access license, the new property owners can utilize the entry drive until as late as March 2007.� But can only do so, for free, until September 2005.


5.�� This is a partnership with mutually beneficial results.


a.�� Over time, the Bozeman community will benefit from having businesses move into a building which currently is almost entirely vacant.


b.�� The local businessmen will enjoy the benefit of having immediate, free access to their property, until such time as the new city street is constructed.


c.�� The University will benefit from avoiding all costs associated with the construction of a new city street adjacent the west side of its Stadium; and, in the event that its entry drive is utilized after September 2005, the University will receive a usage fee payment of $10,000 per month.


ATTACHMENTS����������������������� 1.�� Access License

2.�� Area Map