HomeMy WebLinkAboutEx 3 BPC 3 12 20 Res 2020 02 ETHA UDCEXH I BIT 3: Bozema n Pa rking Commission, tl | 2ll 2OLgPage 1 of 1DBOZEMAN PARKI NG COM M ISSIONRESOLUTTON 2020-02A RESOLUTION OF THE BOZEMAN PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA,APPROVTNG THE THTRD AMENDMENT (#31 OF AN 'AGREEMENT FOR THE USE OF PARKTNG SPACES tN THEBRIDGER DOWNTOWN INTERMODAL FACILITY' EXTENDING THE DEADTINE FOR ISSUANCE OF A FINATOCCUPANCY PERMIT TO OCTOBER 1, 2020; AND AUTHORIZING THE PARKING PROGRAM MANAGER TO SIGNTHE AMENDMENT (#31.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 Commissionpursuant to Resolution Numbers t676,1839, 3803, and 4577; and,WHEREAS, Resolution Number 4577 provides the Bozeman Parking Commission "..decision mokingouthority regording all policies, prøctices, ønd operotions regarding porking enterprise øssets such os the BridgerPark.."(Except as limited by the same resolution); and,NOW THEREFORE, BE lT FURTHER RESOTVED that the Bozeman Parking Commission approves thesecond amendment (#2) of an agreement between the City of Bozeman and Etha Hotel 'For the use of porkingspdces in the Bridger Downtown lntermodal Focility'that extends the deadline for issuance of a final occupancypermit to October L,2O2O; and authorizes the Parking Program Manager to sign the same amendment (#3).PASSED AND ADOPTED by the Parking Commission of the City of Bozeman, Montana, at a session heldon the 12th day of March 2O2O. This resolution shall become effective immediately.Jim Ness, ChairmanBozeman Parking CommissionATTEST:Ed Meece, Parking Program ManagerCity of Bozeman
Exhibit 3: Bozeman Parking Commission ,3/t2/2OAFTER RECORDING PLEASE RETURN TO:Ed MeeceCity of Bozeman Parking ManagerPO Box 1230Bozeman, MT 597'7 I -1230AMENDMENT 2 3 - Agreement for the Use of Parking Spaces in the Bridger ParkDowntownlntermodal 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,20l3 andrecorded as document 2460146 in the records of the Gallatin County Clerk and Recorder; andWhereas, the Parking Commission and The Etha desire to amend the Agreement asprovided herein.NOW THEREFORE, the Agreement between the parties dated August 21,2013,isclarified and modified as follows:l 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 Cþ of Bozeman prior to October I Aoril4. 2020."The remainder of section 2 shall remain unaltered.2. All other terms, conditions, covenants and provisions of the Lease Agreement datedAugust 27,2013, 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 bome by The Etha.Addendum 1 to Lease AgreementPage I of4
####END OF AGREEMENT EXCEPT FOR SIGNATURES####Addendumto LeaseAgreementPage2 of 4
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 )ss.County of Gallatin)This instrument was acknowledged before me on the day of20-byCory Lawrence, as managing member of Etha Hospitaliry LLC, The Etha Hotel LLC's managingmember.Notary Public forthe State of MontanaPrinted Name:Residing(sEAL)lnMy CommissionExpires:Addendumto LeaseAgreementPage 3 of4
Bozeman Parking Commission:By:Date:Ed Meece, City of Bozeman Parking ManagerSTATE OF MONTANA ): ss.County 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 MontanaPrintedName:(sEAr)ResidinglnMy Commission Expires:Addendumto LeaseAgreementPage 4 of4
Ed MeeceCory Lawrence <coryl@ofühebeatenpath.com>Thursday, March 5,2020 12:00 PMEd MeeceChuck WinnEdit to prior request for extension of parking lease and parking lot license agreements...Hi EdI have been asked to send along an emaitto you in addition to communicating with the City Attorney's office in order toprovide an update/edit to my prior request for amendment to both our parking garage lease agreement and the licenseagreement related to our use of the adjacent parking lot for construct¡on staging.Given the uncertainty related to our project completion timing, we have discussed and agreed that the amendments forboth documents would be best aligned to October t,2O2O. Of course, we have great hope we will complete long beforethis but given the effort required to amend the documents, along with the continued uncerta¡nty related to constructioncompletion timing, an adjustment to October L,2O2Ofor the amendments seems altogether prudent.lf you have any questions about this request, don't hesitate to email or call.Thanks, as always, Ed. I appreciate your help facilitating this request.Best,Cory T. lawrencePresident and CEOToll Free - (800) 445-2995Direct - (405) 414-8930Fax - (406) 5874L47Web - www.offthebeatenpath.comOffthe Beaten Path ILC7 East BeallStreet, Bozeman, MT 59715gBE¡1
The Etha Hotel LLCMarch 1,2020Mr. Ed MeeceCity of Bozernan Parking ManagerPO Box 1230Bozenran, Montana 5971 1,-1230Subject: Request for Amendment 3 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 3") 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.Unfortunately, our project has faced a number of unforeseen challenges that have caused delays in theconstruction process. ln turn, this has delayed our expected timing to secure a final occupancy permit' Currently,we believe we will secure this permit from the City of Bozeman by July 1',2020. As a result, we are requesting anamendment to the aforementioned agreement to change the date for securing a final occupancy permit to July7,2020.As the unexpected delays in our progress have been related to stop work requirements imposed by the City ofBozeman Community Planning and Development office, we would request that you inform the City Attorney,Greg Sullivan, of th¡s request. We have informed Greg that we are making this request.We would suggest this amendment take the same form as our recently completed amendment given that, aswith that amendment, this amendment will serve to make the same date adjustment related to securing a finaloccupancy permit.Thank you in advance for your kind consideration. Please be in touch if you have any questionsRespectfully,ryLawrenceng Member7 EAST BEALL STR-EET, SUITE 201, BOZEMÁN, MT 59715r'(406) s894O09 ¡r (4O6) 587-4747