HomeMy WebLinkAboutParking Resolution 2019-09 Approving Extension of a License Agreement with the Etha Hotel for Use of the Armory Parking Lot EXHIBIT 4:Bozeman Parking Commission,10/10/2019 Page 1 of 1
BOZEMAN PARKING COMMISSION
RESOLUTION 2019-09
A RESOLUTION OF THE BOZEMAN PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING THE EXTENSION OF A LICENSE AGREEMENT (DATED SEPTEMBER 11, 2015; AMENDED
10/11/2016 AND 4/30/2018) WITH THE ETHA HOTEL FOR USE OF CITY PROPERTY, ARMORY PARKING
LOT, AS LEGALLY DESCRIBED IN THE LICENSE AGREEMENT.
WHEREAS, Montana Code Annotated 7-14-4621 sets out general powers of a parking commission; and,
WHEREAS, the Bozeman City Commission created and empowered the Bozeman Parking Commission
pursuant to Resolution Numbers 1676, 1839, 3803, and 4577; and,
WHEREAS, Bozeman Parking Commission entered into a License Agreement for the Use of City Property
on October 11, 2016; and,
WHEREAS, the September 11, 2015, License Agreement for the Use of City Property was subsequently
amended on 10/11/2016 (#1), and on 4/30/2018 (#2);
NOW THEREFORE, BE IT FURTHER RESOLVED that the Bozeman Parking Commission approves
amendment (#3) of the original September 11, 2015, License Agreement for the Use of City Property, attached
hereto, and authorizes the Parking Program Manager to sign the amendment extending the term of the License
Agreement to March 30, 2020.
PASSED AND ADOPTED by the Parking o iss' f the City of Bozeman, Montana, at a session held
on the 10th day of October 2019. This resol Rio/ a e effective immediately.
Jim Ness, �iairma
Bozeman Parking Commission
ATTEST:
Ed Meece, arking Program Manager
City of Bozeman
EXHIBIT 4: Bozeman Parking Commission, 10/10/2019
AFTER RECORDING, PLEASE RETURN TO:
Ed Meece
City of Bozeman Parking Manager
PO Box 1230
Bozeman, MT 59771-1230
AMENDMENT 3—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
amended the License Agreement on October 11, 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 the
Parking Lot owned by the City and 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 j
construction of The Etha hotel project; and
Whereas, The Etha desires to extend the time provided in the License Agreement for its
license 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; and
2. All other terms,conditions, covenants and provisions of the License Agreement dated
September 11, 2015, and the First Amendment(10/11/16) other than item#1 and#5
which are no longer applicable, and the Second Amendment(4/30/2018), 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.
####END OF AGREEMENT EXCEPT FOR SIGNATURES ####
Addendum to License Agreement
Page 1 of 3
AoVI* r
Executed this I fl day of Oct r, 2019.
The Etha Hotel,LLC, a Montana limited liability company:
By: /• Date: (IN
ByA
Cory Lawrence, managing member of Etxea Hospitality, LLC, managing member of The
Etha Hotel, LLC
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on the IaA day of _, 20LI by
Co Lawrence,as managing member of Etxea Hospitality, LLC,Th t�el LLC's managing
Cory g e(
member.
k. JUDY L SCHAAP
Scy�sA-, Notary Public of P is for the State of Mo tana
��oTnaiq�• __for the State of Montana
*: "— * Residing at: oat
ame: ,�
.SEAL: Bozeman, Montana
Residing in
"..� ?- al-riy Commission Expires:
November 12,2022 My Commission Expires: 2 Z _
Addendum to License Agreement
Page 2 of 3
Bozeman Parking Commission:
By: �— Date:
Ed Meece, City of Bozeman Parking Manager
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on the 11) day of 20 I9 by
Ed Meece, City of Bozeman Parking Manager and duly authorized representative of the Bozeman
Parking Commission.
-,, HELEN DELAHUNT
o•��N DE�yG'O; Notary Public
2�'ao��Riq�2a for the State of Montana
Residing at:
Livingston, Montana NotaryPublic for
�the
'S/tatZ09AIr
na
P My Commission Expires: �I�'-�`r
May 28,2023 Printed Name:
(SEAL) Residing in G/V'IN 573,a1 Mr
My Commission Expires:
Addendum to License Agreement
Page 3 of 3