HomeMy WebLinkAboutEx 2 BPC 11 21 2019 Res 2019 10 Etha Main ExtendEXHIBIT 2: Bozeman Parking Commission, lLl2ll20LgPage 1 of 1DBOZEMAN PARKI NG COM M ISSIONRESOLUTTON 2019-10A RESOLUTION OF THE BOZEMAN PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA,APPROVING THE SECOND AMENDMENT (#2) OF AN ',AGREEMENT FOR THE USE OF PARKTNG SqACES tN THEBRIDGER DOWNTOWN INTERMODAL FACILITY' EXTENDING THE DEADLINE FOR ISSUANCE OF A FINALOCCUPANCY PERMITTO APRIL t,2O2O; AND AUTHORIZING THE PARKING PROGRAM MANAGER TO SIGN THEAMENDMENT (#21.WHEREAS, Montana Code Annotated 7-14-462L sets out general powers of a parking commission; and,WHEREAS, the Bozeman City Commission created and empowered the Bozeman Parking Commissionpursuant to Resolution Numbers L676,1839, 3803, and 4577; and,WHEREAS, Resolution Number 4577 provides the Bozeman Parking Commission "..decision makingauthority regarding oll policies, practices, and operations regording porking enterprise ossets such os the BridgerPark.."(Except as limited by the same resolution); and,NOW THEREFORE, BE lT FURTHER RESOLVED that the Bozeman Parking Commission approves thesecond amendment (#2l'of an agreement between the City of Bozeman and Etha Hotel'For the use of parkingspaces in the Bridger Downtown lntermodol Facility' that extends the deadline for issuance of a final occupancypermit to April L,2O2O; and authorizes the Parking Program Manager to sign the same amendment (#2).PASSED AND ADOPTED by the Parking Commission of the City of Bozeman, Montana, at a session heldon the 21st day of November 20L9. This resolution shall become effective immediately.Jim Ness, ChairmanBozeman Parking CommissionATTEST:Ed Meece, Parking Program ManagerCity of Bozeman
AFTER RECORDING PLEASE RETURN TOEd MeeceCity of Bozeman Parking ManagerPO Box 1230Bozeman, MT 59771-1230AMENDMENT 2 - Agreement for the Use of Parking Spaces in the Bridger Park DowntownIntermodal FacilityBy The Etha Hotel, LLCWhereas, the Bozeman Parking Commission ("Parking Commission") and The EthaHotel, LLC ("The Etha") entered into an Agreement for the Use of Parking Spaces in theBridger Park Downtown lntermodal Facility (the "Agreement") on August2l,2}I3 andrecorded as document2460146 in the records of the Gallatin County Clerk and Recorder; and'Whereas, the Parking Commission and The Etha desire to amend the Agreement asprovided herein.NOV/ THEREFORE, the Agreement between the parties dated August 21,2013,isclarified and modified as follows:1. The second paragraph of Section 2 of the Agreement is modified, as follows, withdeleted language indicated by 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 notissued by the City of Bozeman ."The remainder of section 2 shall remain unaltered2. All other terms, conditions, covenants and provisions of the Lease Agreement datedAugust 21,2013, shall remain 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 borne by The Etha.Addendum I to Lease AgreementPage I of4
Executed this _ day of2019The Etha Hotel, LLC, a Montana limited liability company:By:Date:Cory Lawrence, managing member of Extea Hospitality, LLC, managing member of TheEtha Hotel,LLCSTATE OF MONTANA )ssCounty of GallatinThis instrument was acknowledged before me on the -day of ,20-byCory Lawrence, as managing member of Etha Hospitality,LLc, The Etha Hotel LLC's managingmember.Notary Public for the State of MontanaPrinted Name:(sEAL)ResidingMy Commission Expires:Addendum to LeaseAgreementPage 3 of4)
The trtha Flotel LLCOctober 1,6,2019Mr. Ed MeeceCity of Bozeman Parking ManagerPO Box 1230Bozenran, Montana 5971 1-1,230Subject: Request for Amendment 2 to the Agreement for the Use and Parking Spaces in the Bridger ParkDowntown lntermodal Facility agreementDear Mr. Meece:This letter is formal request for an amendment ("Amendment 2") to the Agreement for the Use and ParkingSpaces in the Bridger Park Downtown lntermodal Facility ("Agreement") between The Etha Hotel LLC and theCity of Bozeman.Due to delays in the construction process for the Armory Hotel, we respectfully request an amendment to theAgreement to allow sufficient time to complete construction and, as is stipulated in the Agreement, secure afinal occupancy permit. Currently, construction completion and the issuance of a final occupancy permit isestimated to be achieved by Februa ry,2020. To account for unforeseen events which would serve to delaybeyond this estimate, we are requesting the Agreement to be amended to allow for the issuance of a finaloccupancy permit by April 1.,2020.Attached please find a copy of Amendment 1 to the Agreement. I have taken the liberty of adding twocomments to this Amendment 1 to illustrate what would be required for the content of Amendment 2, asrequested. I hope this helps to further clarify the amendment requested.ln all other respects, we would maintain the obligations and requirements associated with the Agreement.Thank you in advance for your kind consideration. Please be in touch if you have any questions.RespectfuryrenceCo-Managing MemberAttachment: Proposed Amendment 2 lllustration7 l'l¡\S'l' tìli¿\l J. S]'ltl il'l-l', SU Il Ii 201, ll()ZlìMr\N, l\4 1' 5971 5'r'(406) s89-400s ¡t (406) 587-4147