HomeMy WebLinkAbout19- Estoppel Certificate - The Etha Hotel, LLC - Agreement for the Use of Parking Spaces in the Bridger Park Downtown Intermodal Facility .Ket rn io:
Security Title Comp ` Ceomodation 01dy
P.O. Box 6550 STC# Uolq .�
Bozeman, MT 59771-6550
ESTOPPEL CERTIFICATE
AND CONSENT TO COLLATERAL ASSIGNMENT OF PARKING AGREEMENT AND
ASSUMPTION AGREEMENT
PARKING Bridger Park Downtown Intermodal Facility, 26 East Mendenhall
PREMISES: Street,Bozeman,Montana
PARKING Agreement for the Use of Parking Spaces in the Bridger Park
AGREEMENT: Downtown Intermodak Facility, dated August 21, 2013, by the
Bozeman Parking Commission and The Etha Hotel,LLC and recorded
as Document No. 2460146 in the records of Gallatin County,
Montana, as amended by Amendment 1 dated April 30,2018 recorded
as Document No. 2613099 in the records of Gallatin County,
Montana.
PROPERTY: - 24 West Mendenhall Street,Bozeman,Montana
PARKING Bozeman Parking Commission
COMMISSION:
BORROWER: The Etha Hotel,LLC
LENDER: CIP 2018 Equity REIT LLC, together with its successors and assigns
as holder(s) of the Loan
DATE: March AL,2019
The Lender is providing a construction mortgage loan (the"Loan") to Borrower. Pursuant to
a certain Collateral Assignment and Security Agreement in Respect of Contracts, Licenses and
Permits and such other assignment instruments as may be executed from time to time between
Borrower and Lender("Collateral Documents"),Borrower has agreed, among other things, to assign
to Lender, as collateral security for the Loan and related obligations, all of its right, title and interest
in,to and under the Parking Agreement.
Pursuant to Section 6 of the Parking Agreement, the Parking Commission's consent is
required in order for Borrower to collaterally assign its rights under the Parking Agreement.
This Estoppel Certificate and Consent to Collateral Assignment of Parking Agreement and
Assumption Agreement(this "A reement") is entered into by the Parking Commission as a courtesy
for the benefit of Borrower with the understanding that Lender will loan certain monies to Borrower
for Borrower to complete construction of the Etha Hotel (the "Hotel"). The Lender represents it will
engage in its own due diligence regarding the conditions of the Parking Premises, the Hotel,and the
current state of Borrower's compliance with the Parking Agreement.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration,the receipt and adequacy of which are hereby acknowledged,the Parking Commission
and the Lender hereby agree as follows:
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1. Attached hereto as Exhibit "A" is a true, correct, and complete copy of the Parking
Agreement. Except as attached hereto, the Parking Agreement has not been assigned,
modified,supplemented, or amended in any way. The Parking Agreement constitutes the
entire agreement with respect to the Parking Premises between the Parking Commission
and Borrower. The Lender acknowledges and agrees the purpose of the Parking
Agreement is only to provide parking for a hotel for use by the public and not for any
other use and Lender acknowledges should a use other than a hotel commence on the
property,such as a residential or other commercial use, such use may automatically result
in the Borrower or the Lender,as applicable, being in default of the Parking Agreement.
2. The Parking Agreement is valid and is in full force and effect, and, to the best of the
Parking Commission's knowledge,Borrower is not in default thereunder.
3. Notwithstanding anything to the contrary contained in the Parking Agreement, the
Parking Commission hereby consents to Borrower's collateral assignment of its right,
title and interest in and to the Parking Agreement to the Lender and agrees that, upon
receipt of notice from Lender that an event of default has occurred with respect to
Borrower's obligations in connection with the Loan, if so requested in such notice,
Lender shall be entitled to exercise all of Borrower's rights under the Parking Agreement
and all other rights otherwise afforded to a secured party.
4. The Parking Commission agrees that if Lender notifies the Parking Commission in
writing that Lender has foreclosed upon the Property or otherwise acquired title in
connection with the exercise of remedies under the loan documents or a deed-in-lieu of
— - --- --foreclosure--(each;a "Lender-T-itle-Transfer-Action"),then-(a)-L-ender-shall-be-substituted----- —
for Borrower under the Parking Agreement, (b)the Parking Commission shall
(1)recognize Lender as its counterparty under the Parking Agreement and(2) subject to
the provisions of the Parking Agreement and this Agreement, perform its obligations
under the Parking Agreement in favor of Lender. If Lender notifies the Parking
Commission it has effected a Lender Title Transfer Action, Lender must, in the same
written notice, (i) indicate whether it intends to honor the Borrower's duties and
obligation under the Parking Agreement from and after the date of such Lender Title
Transfer Action; or (ii)terminate the Parking Agreement. If the Lender delivers a notice
pursuant to clause (i), Lender agrees to accept all the duties and obligations of Borrower
included in the Parking Agreement including all required indemnity obligations as if they
were its own,in each case first accruing after such Lender Title Transfer Action.Nothing
herein releases the Borrower from such duties and obligations accruing prior to such
action by Lender. If the Lender notifies the Parking Commission of its intent to terminate
the Parking Agreement pursuant to clause(ii)above,Lender must,within thirty(30)days
of such notice deliver to the City of Bozeman a detailed plan for how it will bring the
Hotel into compliance with the City of Bozeman's Unified Development Code's parking
requirements. Lender acknowledges and agrees that failure to bring the Hotel into
compliance the City of Bozeman's Unified Development Code's parking requirements
may result in the City of Bozeman revoking the Hotel's certificate of occupancy.
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2641589 Page 3 of 19 04/05/2019 10:31:07 AM
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5. The Parking Commission agrees that in the event of a default or breach by Borrower of
any of the terms, conditions or provisions of the Parking Agreement, the Parking
Commission will give Lender written notice of such default. In all cases of default by
Borrower of any of the terms, conditions or provisions of the Parking Agreement, the
Parking Commission agrees to give Lender the opportunity to remedy or cure such
default within the time periods provided for in the Parking Agreement or thirty (30) days
after receipt of the notice of default by Lender, whichever is later. If such cure or
performance by Lender is satisfactory to the Parking Commission, the Parking
Commission agrees to accept any such cure or performance by Lender on Borrower's
behalf as if Lender were the"Hotel"under the Parking Agreement.
6. Upon the full discharge and satisfaction of Borrower's obligations under the Loan and the
release of the Deed of Trust by Lender(except in connection with a Lender Title Transfer
Action pursuant to Section 4 of this Agreement), this Agreement and all rights herein
assigned to Lender and the duties and obligations assumed by Lender shall terminate
automatically without further notice.
7. Nothing herein shall affect the Parking Commission's right to amend and/or terminate the
Parking Agreement for any reason provided in the Parking Agreement; provided that any
amendment entered into by Borrower shall not be binding on Lender without Lender's
written consent to such amendment. The Parking Conunission agrees to provide written
notice of any such amendment or termination to Lender.
8. Notwithstanding anything to the contrary herein, in the event Lender succeeds to
Borrower's right and interest in and to the Parking Agreement pursuant to Section 4 of
this Agreement, Lender's interest in the Parking Agreement may be assigned by Lender
only with the prior written approval of the Parking Commission, which approval shall not
be unreasonably withheld, conditioned or delayed. A requirement that the assignee must
use the Property as a hotel shall not be regarded as an unreasonable condition.
9. All notices to be given to Lender shall be addressed as follows:
CIP 2018 Equity REIT LLC
One Boston Place
Boston, MA 02108
Attention: Patrick O'Sullivan
Telephone: (617) 624-8323
Email:posullivan(c�r�,crossharborcapital.com
All notices to be given to the Parking Commission shall be addressed as follows:
Bozeman Parking Commission
Attn: Parking Manager
PO Box 1230
Bozeman, MT 59771-1230
3
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2641589 Page 4 of 19 04/05/2019 10:31:07 AM
10. The persons signing this Agreement are duly authorized representatives of the Parking
Commission and the Lender,as applicable.
It. This Agreement shall be binding upon the undersigned and its successors and assigns.
12. This Agreement shall be governed by and construed in accordance with the laws of the
State of Montana, without regard to conflict of laws principles. Venue for any legal
actions pertaining to this Agreement shall be Gallatin County,Montana.
13. This Agreement shall be recorded in the records of the Gallatin County Clerk and
Recorder. All costs of recording shall be borne by the Lender. A copy of this recorded
agreement shall be provided to the Parking Commission at the address noted herein.
[Signatures begin on the following page]
4
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2641589 Page 5 of 19 04/05/201 9 1 0:31:07 AM
BOZEMAN PARKING COMMISSION
By:
Name:
Title: Park' g Manager
STATE OF MONTANA }
COUNTY OF0�11tC� )
moscv
This instrument was acknowledged before me on this day of•F�-ebmary 2019, by
known to me to be the Parking Manager of the City of Bozeman on behalf of
the Bozeman Parking Commission,an entity of the City of Bozeman..�� ^
[Type, Stamp or Print Name]
Notary Public for the State of Montana
KA-f*.-+Er11-c: nn.AiNEs
g
Residin at ,Montana
i:.,sary F iblic
for the State of:viontana My commission expires ,20
Resi(i;n- at:
'.51:,AL. Q, Beigrade., Montana
9 .., .. My Commission Expires:
July 22,2020
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2641589 Page 6 of 19 04/05/201 9 1 0:31:07 AM
CIP 2018 EQUITY REIT LLC,
a Delaware limited liability company
By: CrossHarbor Institutional Partners 2018 GP, L.P.,
a Delaware limited partnership,
its Manager
By: CrossHarbor Capital Partners LLC,
a Delaware limited liability company,
its General Partner
By:
Name:
Title:
STATE OF }
}
COUNTY OF )
This instrument was acknowledged before me on this day of February.2019,by
,known to me to be the of CrossHarbor Capital Partners
LLC, which is the general partner of CrossHarbor Institutional Partners 2018 GP, L.P., which is the
Manager of CIP 2018 Equity REIT LLC.
[Type,Stamp or Print Name]
Notary Public for the State of Montana
Residing at ,Montana
My commission expires , 20_
6
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2641589 Page 7 of 19 04/05/2019 10:31:07 AM
CIP 2018 EQUITY REIT LLC,
a Delaware Iimited liability company
By: CrossHarbor Institutional Partners 2018 GP,L.P.,
a Delaware limited partnership,
its Manager
By: CrossHarbor Capital Partners LLC,
a Delaware limited liability company,
its General Partner
By: �\ -el—
Name: J . art
Title: Ma in Partner
COMMONWEALTH OF MASSACHUSETTS }
}
COUNTY OF SUFFOLK )
On thisf-1 day of March, 2019, before me, the undersigned notary public, personally
appeared Jay C. Hart proved to me though satisfactory identification, which was based on the
undersigned's personal knowledge of the identity of the principal, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily
for its stated purpose as Managing Partner of CrossHarbor Capital Partners LLC, which is the
General Partner of CrossHarbor Institutional Partners 2018 GP, L.P., which is the Manager of CIP
2018 Equity REIT LLC,a Delaware limited liability company.
V:�, /
Notary Public
�,1�u u r rNryr
My Commission Expires:`\\`\\`����P�00 Os''�i'
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Exhibit A
Parking Agreement
See attached.
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I
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AFTER RECORDING PLEASE RETURN TO.
Scott Lee ,
Parking Manager,City of Bozeman
PO Box 1230 2460146
Bozeman,MT 59771-1230 Page 1 or 7 09/21/2013 09 to 17 PM fee $49 00
Charlotte Mills - Gallatin County MT MisC
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a ys BOZEMAN PARKING COMMISSION
Co.ebod
AGREEMENT FOR THE USE OF PARKING SPACES
IN THE BRIDGER PARK DOWNTOWN INTERMODAL FACILITY
THIS AGREEMENT made and entered into this day of 2013 by
and between the BOZEMAN PARKING COMMISSION, an entity of the tAty of Bozeman,
Montana, created pursuant to City of Bozeman Resolutions 1676, 1839, and 3803 and formed
under the laws of the State of Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771 (the "Parking Commission") and The Etha Hotel, LLC (hereinafter the "Hotel'), with an
address of 7 Beall Street, Bozeman, MT and a mailing address of PO Box 1795, Bozeman, MT
59715.
WHEREAS, the City of Bozeman is the recipient of a Congressional
appropriation dedicated to the construction of the Bridger Park Downtown Intermodal
Facility (Bridger Park); and
WHEREAS, the Parking Commission is the entity charged with the regulation of
parking in the City of Bozeman and is authorized by law to enter into lease and rental
agreements for the long term use of the Bridger Park.
NOW THEREFORE, in consideration of the mutual promises and consideration
hereinafter described, and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties do agree as follows:
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1. Purpose. The Hotel desires to use parking spaces in basement level of the Bridger
Park for the sole purpose of providing parking for the Hotel, located at 24 West
Mendenhall Street. Said parking shall be for the use of the Hotel, including without
limiting, its owners, employees, guests, invitees, and suppliers. This Agreement sets
forth the terms pursuant to which the Parking Commission authorizes the Hotel to
use such parking spaces.
2. Term of Anreement/TermInation. This Agreement shall be executed and effective
no later than Final Site Plan approval from the City of Bozeman Department of
Community Development. The term of lease for parking spaces as provided for
herein shall commence no later than the issuance of a certificate of occupancy from
the City of Bozeman Building Division. The lease issued hereunder shall be in effect
for no less than 25 years from the date of lease of parking spaces. The parties may
renew this Agreement and the lease issued hereunder for five (5) additional five (5)
year periods upon written request by the Hotel. The Hotel may not terminate this
Agreement without the prior written consent of the Parking Commission.The Parking
Commission may not terminate this Agreement unless such termination is required
by law.
Notwithstanding the above, unless otherwise authorized by the Parking Manager in
writing, this Agreement shall terminate automatically should the final site plan
approval for the Hotel, if granted by the City of Bozeman, lapse pursuant to the
requirements of 38.19.120.E, BMC but in no case shall this Agreement remain in
effect including the obligation of the Parking Commission to lease parking spaces
under this Agreement should the Hotel not obtain a building permit from the City of
Bozeman within two (2) years of the effective date of this Agreement. In addition,
this Agreement shall terminate if a building permit is issued within two (2) years of
the effective date of this Agreement but a final occupancy permit is not Issued by the
City of Bozeman due to no fault of the Hotel within four (4)years of the effective date
of this Agreement.
3. Number and Use of Parking Spaces. The Parking Commission shall make
available to the Hotel no more than 100 and no less than that required under UDC
parking requirements in existence at the time of final site plan approval in the
basement level of Bridger Park unless the Parking Commission requires a different
location within Bridger Park for the sole purpose of providing parking, and access
thereto, for the use of the Hotel on a 24-hour basis. The number of spaces made
available for lease to the Hotel shall be no less than that required under UDC
parking requirements in existence at the time of final site plan approval. The Parking
Commission shall, upon request, provide the Hotel notice of how many parking
Page 2 of 7
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spaces are available on or before December 31 each year. In addition to the above,
the Parking Commission shall provide repair and maintenance, including without
limiting, graffiti removal, striping, and pothole/crack repair during normal business
hours.
4. Rate and Adiustment/AVI Access Cards. The Hotel shall pay the Parking
Commission a bulk rate of thirty-five dollars ($35.00) per month per space upon
commencement of the lease as set forth in paragraph 2. The Parking Commission
may increase the rate without prior notice to the Hotel on an annual basis in
accordance with Parking Commission policy. Such policy requires rates to be
established in compliance with the Master Agreement as discussed in Section 5,
below. The Parking Commission may charge a refundable deposit and actual costs
of replacement for AVI access cards.
5. Federal Faciilty/Parking Commission Control. The Hotel recognizes the City of
Bozeman constructed the Bridger Park with funds obtained through a Congressional
appropriation as administered by the United States Department of Transportation's
Federal Transit Administration (FTA Project No, MT-0440004-00). In addition, the
Hotel recognizes the City of Bozeman annually enters into an agreement with the
FTA called the Master Agreement (FTA MA(19), October 1, 2012) (Exhibit A). In its
use of parking spaces under this Agreement the Hotel shall take no action which
would adversely affect the federal interest in the Bridger Park and shall at all times
use the parking spaces in a manner that complies with the Master Agreement.
Further the Hotel recognizes that the City of Bozeman must maintain satisfactory
continuing control over the Bridger Park and that there may be no interference with
transit functions. Any revenue collected in excess of operation and maintenance
costs are to be committed to the provision of public transportation services.
The Hotel agrees the Parking Commission has and may adopt rules, regulations,
and administrative directives for the reasonable operation of the Bridger Park. The
Hotel shall abide by all such rules, regulations, and directives.
6. Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either
party or agents of either party not contained in this written Agreement may be
considered valid or binding. This Agreement may not be enlarged, modified or
altered except by written agreement signed by the parties hereto. The Hotel may
not subcontract or assign its rights or delegate its duties under this Agreement
without the prior written consent of Parking Commission.
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7. Compliance with Unified Development Code: The Hotel acknowledges it is
required, pursuant to the City's Unified Development Code (Chapter 38, BMC), to
provide parking spaces for Hotel uses. The Hotel intends this Agreement to satisfy
its UDC parking requirement. As such, this Agreement is revocable only with the
prior written approval of the appropriate UDC review authority.
8. ,AR-Ilcabilit : This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
9. Non-discrimination. The Armory Hotel shall not discriminate In the fulfillment of this
Agreement on the basis of race, color, religion, creed, sex, age, marital status,
national origin, or actual or perceived sexual orientation, gender identity or disability.
10.indemnification/Hold Harmless. The Hotel agrees to the fullest extent permitted by
law, to defend, indemnify, and hold the Parking Commission and the City of
Bozeman including their officers, agents, and employees, the Intermodal Commerce
Condominium Association and its individual Unit Owners, and the Mendenhall
Marketplace Condominium Association and its individual Unit Owners harmless
against claims, demands, proceeding, suits, damages, losses, and expenses
Including attorney fees and costs connected therewith that may be asserted or
claimed against, recovered from or suffered by any of the above by reason of any
injury or loss, including but not limited to, personal injury, including bodily injury or
death, property damage, loss of use, or other injury or loss of any kind occasioned
by, growing out of, or in any way arising or resulting from any intentional, reckless, or
negligent act on the part of the Hotel, its owners, employees, guests, invitees,
suppliers, lessees, licensees, guests, patrons, employees, officers, or agents while
using the Bridger Park.
The Hotel on behalf of its lessees, licensees, guests, patrons, employees, officers,
and agents, hereby waives any and all claims and recourse against the Parking
Commission, the City of Bozeman, including its officers, agents or employees, and
the Intermodal Commerce Condominium Association and its individual Unit Owners,
and the Mendenhall Marketplace Condominium Association and its individual Unit
Owners including the right of contribution for loss or damage to person or property
including loss of use arising from, growing out of, or in any way connected with or
Incident to the performance of this Agreement except "responsibility for his own
fraud, for willful injury to the person or property of another, or for violation of law,
whether willful or negligent" as per 28-2-•702, MCA. Nothing contained in this
paragraph shall be construed as the Hotel waiving any claims and recourse against
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the Parking Commission, the City of Bozeman, including its officers, agents or
employees for a breach of this Agreement.
Should the Parking Commission, the City of Bozeman, the Intermodal Commerce
Condominium Association to include its individual Unit Owners, or the Mendenhall
Marketplace Condominium Association to include its Unit Owners be required to
bring an action against the Hotel to assert its right to defense or indemnification
under this Agreement any of the entities named above shall be entitled to recover its
reasonable costs and attorney fees incurred in asserting its right to indemnification
or defense but only if a court of competent jurisdiction determines the Armory Hotel
was obligated to defend the claim(s) or was obligated to indemnify the above entities
for a claim(s) or any portions)thereof.
The obligations of this section (section ten (10)) shall survive termination of this
Agreement.
11.Insurance, In addition to and independent from the requirements of Section 10, the
Hotel shall secure insurance coverage in a form acceptable to the Parking
Commission and furnish to the Parking Commission an accompanying certificate of
insurance issued by a company authorized to do business in the State of Montana In
amounts not less than as follows:
• Workers' Compensation -statutory
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000
annual aggregate
• Automobile Liability - $1,000,000 property damage/bodily injury;
$2,000,000 annual aggregate
The Parking Commission, City of Bozeman, and their officers, agents, and
employees, shall be endorsed as an additional insured on a primary non-contributory
basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall
include no less than a thirty (30) day notice of cancellation or non-renewal. The
Hotel must demonstrate to the City's satisfaction that the above insurance coverage
is in place and is provided in a manner acceptable to the City including any
endorsements prior to the Hotel using any parking spaces. Nothing herein shall
grant the City the authority to require the Hotel to use the services of a specific
insurance provider.
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12.Authorization. The parties signing below hereby represent and warrant that they
are duly authorized to sign this agreement on behalf of the entities.
13.Recordation. This Agreement shall be recorded in the files of the Gallatin County
Clerk and Recorder. All costs of recording shall be borne by the Hotel. A copy of this
recorded agreement shall be provided by the Parking Manager.
# tam# End of Agreement except for signature page
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S� � t'
Executed this 2 day of ��,N S - , 2013.
Parking C tssion:
P ing Manage—
STATE OF MONTANA )
SS.
County of Gallatin )
This hstrument was acknowledged before me on the 12L day of ,
20,Inby Scott Lee, as Parking Manager for the City of Bozeman, Monta
iU R1ri STACY MARIE ULMEN '
NOTARY PUBLIC for the Not YIF*Iiq for h State of Montana
e 11Z State of Montana Printe N m
IC
SEAL Residing at Manhattan.Montana
N;
rqo ) My Commission Expires Residing in
September 93,2016 My Commission Expires: �•�___
The Etha otel, LL,C, a Montana limited liability company:
By:
Cory L ranee, managing member o Etxea Hospitality, LLC, sole member of Etha
Hotel,ttC
STATE OF MONTANA }
. ss.
County of Gallatin )
This instrument was acknowledged before me on the cat 'day of ,
20 15 by Cory Lawrence, as managing member of Etxea Hospitality, LL tha Hotel
LL s managing member.
VW'MAJJ0 W I-D)(-�,
Nota u c r tate o ontan
• r�`� STACY MARK lti MAN ___ Printe e:
NOTARY PURt,IQ tt;P the
stataatMantana Residing in
A Reeldlnp at Manhattan,M(mtann My Commission xpires:
Cammiseton� t;209xpplfas e iem ar t3 $
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AFTER RECORDING PLEASE RETURN TO:
Ed Meece
City of Bozeman Parking Manager
PO Box 1230 2613099•
Bozeman,MT 59771-1230 Page: 1 of 4 05/07/2018 11:36:00 AM Fee: $20.00
llla - Galla Charlotte tin Count MT MISC
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AMENDMENT 1— Agreement for the Use of Parking Spaces in the Bridger Park Downtown
Intermodal facility
By The Etha Hotel,LLC
Whereas,the Bozeman Parking Commission("Parking Commission")and The Etha
Hotel, LLC("The Etha") entered into an Agreement for the Use of Parking Spaces in the
Bridger Park Downtown Intermodal Facility(the,"Agreement")on August 21,2013 and
recorded as document 2460146 in the records of the Gallatin County Clerk and Recorder;and
Whereas,the Parking Commission and The Etha desire to amend the Agreement as
provided herein.
NOW THEREFORE,the Agreement between the parties dated August 21,2013, is
clarified and modified as follows:
1. The second paragraph of Section 2 of the Agreement is modified, as follows,with
deleted language indicated by stFikethFeug and inserted language with underline:
"In addition,this Agreement shall terminate if a building permit is issued within two
(2)years of the effective date of this agreement but a final occupancy permit is not
issued by the City of Bozeman prior to December 1,2019 due 4e ne fault e f4ke mete!
is rWoi.[ry crr-,ITT°i'yEc�-y" rriv'date ercms'i�srevmvrrc.
The remainder of section 2 shall remain unaltered.
2. All other terms,conditions,covenants and provisions of the Lease Agreement dated
August 21,2013,shall 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 The Etha.
Addendum 1 to Lease Agreement
Page 1 of 4
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####END OF AGREEMENT EXCEPT FOR SIGNATURES####
Addendum to LeaseAgreement
Page 2 of 4
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Executed this V day of April,2018
The Etha Hotel,LLC,a Montana limited liability company:
By: Date: F /4
Co Lawrence, managing member of Extea Hospitality, LLC, managing member of The
Etha Hotel,LLC
STATE OF MONTANA )
ss.
County of Gallatin }
This instrument was acknowledged before me on the A/*-day of ,.T ,20 /9 by
Cory Lawrence,as managing member ofa Hospitality,LLC,The Eth H l LLC's managing
member.
NE USWNE KAYLA W .. .•.-.r� ----"� .
try ^rev\ NOTARY PUBLIC for the :� -� _-�J «�— -•
*� SEAL )* State ofMoMana _`
Residing of Bozeman,MT Notary Public for the State of Montana
"a ✓,rr My comm"M F."M July 29,2019 Printed Name:
(SEAL) Residing in ;„gpz,,— I)T7-
My Commission Expires: y a9
Addendum to LeaseAgreement
Page 3 of 4