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