HomeMy WebLinkAbout16- Amendment 1 to License Agreement - The Etha Hotel - Use of City Property2560562
Page: 1 of 4 10/13/2016 10:36:04 AM Fee: $28.00
Charlotte Mills - Gallatin County, MT MIsc
I l l i l l l 111111 III 11111111111111111 IN 11111111111111111111111111111111111111111111111111111
AFTER RECORDING PLEASE RETURN TO:
mas Thorpe
City o eman Parking Manager Return to: PLATTED
PO Box 1230 City of Bozeman
Bozeman, MT 5977 - 0 City Clerk
Po Box 1230
Bozeman, MT 59771-1230
AMENDMENT 1 — License Agreement for the Use of City Property
By The Etha Hotel, LLC
Whereas, the Bozeman Parking Commission ("Parking Commission") and The Etha
Hotel, LLC ("The Etha") entered into a License Agreement on September 11, 2015; and
Whereas, that License Agreement provides The Etha is use the Parking Lot described as
Lots 14 and 15 and the West 26.75 feet off of Lot 16, all in Block "A" of Tracy's First Addition
to the City of Bozeman for staging and construction of The Etha project; and
Whereas, The Etha notified the City of its intent to use the License Agreement and closed
the Parking Lot on the 14th day of July, 2015 by fencing the same; and
Whereas, The Etha, found that it temporarily did not require use of the Parking Lot
commencing on August 5, 2016 for furtherance of the project and believes that during the same
time the patrons of downtown business would benefit from utilizing the public parking spaces;
and
Whereas, The Etha anticipates the need for the Parking Lot at the next stage of
construction and desires to toll the period of the License Agreement during the period of non-
use; and
Whereas, the Parking Commission appreciates The Etha's accommodation of making
parking available to the patrons of downtown businesses; and
Whereas, The Etha desires to adjust the Commercial General Liability and Contractual
Liability Insurance aggregate coverage limits identified in Section 5.b. of the License Agreement
Otto more properly align with the coverage mechanics of insurance policies generally available to
The Etha; and
Whereas, the City of Bozeman has agreed to the change in these coverage limit changes.
Addendum to License Agreement
Page 1 of 4
NOW THEREFORE, the License Agreement between the parties dated September 11, 2015 is
clarified and modified as follows:
1. The Effective Date of the License shall be amended to commence on August 5, 2016
with the term of the License to run until April 4, 2018;
2. The Etha must give the Parking Commission, through the Parking Manager, no less
than fourteen (14) days written notice of The Etha's intent to close and fence off any
portion of the Parking Lot from public parking.
3. The Etha must give the Parking Commission, through the Parking Manager, no less
than five (5) business days' notice of The Etha's intent to reopen the Parking Area to
public parking.
4. Commencing on the date of this Amendment, during periods where The Etha has not
closed any portion of the Parking Lot the requirement provided for in Section 2 of the
License Agreement for The Etha to pay rent shall be suspended. Etha's use of the
Parking Lot during any month wherein The Etha has not closed a portion of the
Parking Lot will be prorated on a daily basis. Closure of only a portion of the Parking
Lot requires payment of rent for the entire Parking Lot unless an alternative payment
agreement is agreed to in writing by the Parking Manager and Etha's Representative.
5. The Parking Commission must grant a credit to the Etha for the period of time in
August 2016 for which the Parking Lot was not closed and the entire month of
September, 2016. In addition, should this Amendment be executed in October, 2016
because the The Etha has not closed the Parking Lot during October, 2016 rent will
not be due for October, 2016.
6. Section 5.b. is modified to replace the insurance coverage requirements for
Commercial General Liability and Contractual Liability Insurance only for the
following with all other insurance requirements remaining in effect:
a. Commercial General Liability - $3,000,000 per occurrence; $4,000,000
annual aggregate for bodily injury and property damage;
b. Contractual Liability Insurance- $3,000,000 per occurrence $4,000,000
aggregate; and
7. All other terms, conditions, covenants and provisions of the License Agreement dated
September 11, 2015 remain in full force and effect.
This Addendum shall be recorded in the files of the Gallatin County Clerk and Recorder. All
costs of recording shall be borne by Etha.
#### END OF AGREEMENT EXCEPT FOR SIGNATURES ####
Addendum to License Agreement
Page 2 of 4
Executed this //'ay of October, 2016
The Etha Hotel, LLC, a Montana limited liability company:
By: '/h Date: /£% /fea,
Cory Lawrence, managing member of Etha Hospitality, LLC, managing member of The
Etha Hotel, LLC
STATE OF MONTANA
. ss.
County of Gallatin
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This instrument was acknowledged before me on the � day of �,r , 20,/�_
by Cory Lawrence, as managing member of Etha Hospitality, LLC, The Etha Hotel LLC's
managing member.
Fw�� ,
KAYLA NEWVILLE
Motary Public
�o7nr�I/��°�': for the State of Montana
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Residing at:
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Bozeman, Montana
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My Commission Expires:
Julv 29. 2019
Notary Public for the State of Montana
Printed Name://a,/,- /jJew,4 /!e,
Residing in Oo-z �
My Commission Expires. � 6>�
Addendum to License Agreement
Page 3 of 4
Bozeman Parking Commission:
By: Date: &Aybel l I
Thomas Thorpe, City of Bozeman Parking Manager
STATE OF MONTANA
ss.
County of Gallatin
This instrument was acknowledged before me on the 11 day of O clo%er , 20_tfa
by Thomas Thorpe, City of Bozeman Parking Manager and duly authorized representative of the
Bozeman Parking Commission.
I
PEARL MICHALSON
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P
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Nol2ry Public
for State Montana
Notary Public for the State of Montana
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Rcsiding at:
Bozeman, Montana
Printed Name: ?e ar L M, ckalSow
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Residlrig lri tjo Z�21ti1tN AA'T
My on Expires:
,
March 10, 2020
My Commission Expires: f o 2
Addendum to License Agreement
Page 4 of 4