HomeMy WebLinkAboutEx 4 BPC 10 10 2019 Res 2019 09 Etha License ExtensionEXH¡BlT 4: Bozeman Parking Commission ,f.OlLOl2OLgPage 1 of 1DBOZEMAN PARKING COM M ISSIONRESOLUTTON 2019-09A RESOLUTION OF THE BOZEMAN PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA,APPROVING THE EXTENSION OF A LICENSE AGREEMENT (DATED SEPTEMBER 11, 2OL5; AMENDEDtolttl2oh6 AND 4l3Ûl20t8)W|TH THE ETHA HOTEL FOR USE OF CITY PROPERTY, ARMORY PARKINGLOT, AS LEGALLY DESCRIBED lN THE LICENSE AGREEMENT.WHEREAS, Montana Code Annotated 7-14-4621sets out general powers of a parking commission; and,WHEREAS, the Bozeman City Commission created and empowered the Bozeman Parking Commissionpursuant to Resolution Numbers 1676,1839, 3803, and 4577; and,WHEREAS, Bozeman Parking Commission entered into a License Agreement for the Use of City Propertyon October tL,2OL6; and,WHEREAS, the September 11, 2015, License Agreement for the Use of City Property was subsequentlyamended on IO/IL/2016 (#1), and on aßO/2OL9 (#2]l;NOW THEREFORE, BE !T FURTHER RESOLVED that the Bozeman Parking Commission approvesamendment (#3)of the originalseptember LL,201-5, License Agreementforthe Use of City Property, attachedhereto, and authorizes the Parking Program Manager to sign the amendment extending the term of the LicenseAgreement to March 30,2O2O.PASSED AND ADOPTED by the Parking Commission of the City of Bozeman, Montana, at a session heldon the 10th day of October 20L9. This resolution shall become effective immediately.Jim Ness, ChairmanBozeman Parking CommissionATTEST:Ed Meece, Parking Program ManagerCity of Bozeman
EXHIBIT 4: Bozeman Parkine Commission, l0ll0l20l9AFTER RECORDING PLEASE RETURN TO:Ed MeeceCity of Bozeman Parking ManagerPO Box 1230Bozeman, MT 59771-1230AMENDMENT 3 - License Agreement for the Use of City PropertyBy The Etha Hotel, LLC'Whereas, the Bozeman Parking Commission ("Parking Commission") and The EthaHotel, LLC ("The Etha") entered into a License Agreement on September 11,2015 andamended the License Agreement on October ll,2016 (the "First Amendment") and April 30,2018 (the "Second Amendment"); and'Whereas, that License Agreement provides The Etha is provided a license to use theParking Lot owned by the City and described as Lots 14 and 1 5 and the West 26.7 5 feet off ofLot 16, all in Block "A" of Tracy's First Addition to the City of Bozeman for staging andconstruction of The Etha hotel project; andWhereas, The Etha desires to extend the time provided in the License Agreement for itslicense to use the Parking Lot.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 November 30,2019, with the term of the License to run until March 30,2020 and2. All other terms, conditions, covenants and provisions of the License Agreement datedSeptember 1I,2015, and the First Amendment (10/11/16) other than item #l and #5which are no longer applicable, and the Second Amendment (413012018), shallremain in full force and effect.This Addendum shall be recorded in the files of the Gallatin County Clerk and Recorder. Allcosts of recording shall be bome by The Etha.#### END OF AGREEMENT EXCEPT FOR SIGNATURES ####Addendum to License AgreenrentPage I of 3
Executed this day of October,2019.The Etha Hotel, LLC, a Montana limited liability company:Date:Cory Lawrence, managing member of Etxea Hospitality, LLC, managing member of TheEtha Hotel,LLCSTATE OF MONTANA )SSByCounty of Gallatin)This instrument was acknowledged before me on the _ day of20-byCory Lawrence, as managing member of Etxea Hospitality,LLC, The Etha Hotel LLC's managingmember.Notary Public for the State of MontanaPrinted Name:(sEAL)ResidinglnMy Commission Expires:Addendum to License AgreementPage 2 of3
By:Bozeman Parking CommissionDate:Ed Meece, City of Bozeman Parking ManagerSTATE OF MONTANA )ssCounty of Gallatin)This instrument was acknowledged before me on the _ day of20-byEd Meece, City of Bozeman Parking Manager and duly authorized representative of the BozemanParking Commission.Notary Public for the State of MontanaPrinted Name:(SEAL)ResidinglnMy CommissionAddendum to License AgreementPage 3 of3