HomeMy WebLinkAboutEx 4 BPC 3 12 20 Res 2020 03 ETHA armory lotPage 1 of 2Exhibit 4: Bozeman Parking Commission, 31L2/2O2ODBOZEMAN PARKING COMMISSIONRESOTUTION 2020 -03A RESOLUTION OF THE BOZEMAN PARKING COMMISS¡ON OF THE CITY OFBOZEMAN, MONTANA, APPROVING THE EXTENSION OF A LICENSE AGREEMENT(DATED slttlzoL5; AMENDED toltU2oLíAND 4l3ol2ot8 AND Loltolts) wlTHTHE ETHA HOTET FOR USE OF CITY PROPERW, ARMORY PARKING [OT, ASTEGALLY DESCRIBED IN THE LICENSE AGREEMENT.WHEREAS, Montana Code Annotated 7-L4-4621 sets out general powers of apark¡ng comm¡ss¡on; and,WHEREAS, the Bozeman City Commission created and empowered the BozemanParking Commission pursuant to Resolution numbers L676,1839, 3803, and 4577;and,WHEREAS, Bozeman Parking Commission entered into a license agreement for theUse of City Property on September LL,2OL5; and,WHEREAS, the Septembe r tL,2OI5, license agreement was subsequently amendedon LD/LL/L6 (#L1,4/30/L8 (#2), and to/t0/Ig (#3li;NOW THEREFORE BE lT RESOTVED that the Bozeman Parking Commissionapproves Amendment (#4) of the original September LL,2Ot5, License Agreementfor the Use of City Property, attached hereto, and authorizes the Parking ProgramManager to sign the amendment extending the term of the License Agreement toOctober L'r 2020.PASSED AND ADOPTED by the Parking Commission of the City of Bozeman,Montana, at a session hetd on the L2th day of March, 2020. This resolution shallbecome effective immediately.Jim Ness, Chairman
Page2ol2Exhibit 4: Bozema n Parking Commission, 3 | L2|2O2OAttest:Ed Meece, Parking Program ManagerCity of Bozeman
EXHIBIT 4: Bozeman Parkine Commission. 03/1212020AFTER RECORDING PLEASE RETURN TO:Ed MeeceCity of Bozeman Parking ManagerPO Box 1230Bozeman, MT 59771-1230AMENDMENT 3 4 - License Agreement for the Use of City PropertyBy The Etha Hotel, LLCWhereas, 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 17,2016 (the "First Amendment") and April 30,2018 (he "second Amendment") and October 10,2019 (the "Third Amendment");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 l5 and the West 26.75 feet offofLotl6,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 TTIEREFORE, the License Agreement between the parties dated September 11,2015 is clarified and modified as follows:L The Effective Date of the License shall be amended to commence on November 30,z}lg,with the term of the License to run until October 1 Ìr4areh30, 2020; and2. All other terms, conditions, covenants and provisions of the License Agreement datedSeptember 11,2015, and the First Amendment (10/11/16) other than item #l and #5which are no longer applicable, and the Second Amendment (413012018), and theThi¡d Amendment (10/10/20191. 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.##IÊ+ END OF AGREEMENT EXCEPT FOR SIGNATT'RES ####Addendum to License AgreementPage I of3
Executed this _ day of March eeteber, W2020.The Etha Hotel, LLC, a Montana limited liability company:By:Date:Cory Lawrence, managing member of Etxea 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 Etxea Hospitality, LLC, The Etha Hotel LLC's managingmember.Notary Public for the State of MontanaPrintedName:(sEAL)ResidinglnMy Commission Expires:Addendum to License AgreementPage2 of3
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, Cþ of Bozeman Parking Manager and duly authorized representative of the BozemanParking Commission.Notary Public for the State of MontanaPrinted Name:(sEAr)ResidinglnMy Commission Expires:Addendum to License AgreementPage 3 of3
Ed MeeceFrom:Sent:To:Cc:Subject:Hi Ed:Cory 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...I have been asked to send along an email to 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 construction 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 uncertainty related to constructioncompletion timing, an adjustment to Octobe r t,2O2O for 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) M5-2995Direct - (406) 414-8930Fax - (406) 5874L47Web - www.offthebeatenpath.comOff the Beaten Path LIC7 East Beall Street, Bozeman, MT 59715emEt1
The trtha Hotel LLCMarch 4,2020Ed MeeceCity of Bozeman Parking ManagerPO Box L230Bozema n, Monta na 5977 1,-1,230Subject: Request for Extention of Term associated with the License Agreement for the Use of CityProperty dated September Lt,2OI5, with AmendmentsDear Mr. Meece:This letter is formal request for an extension of the term associated with the referenced LicenseAgreement to allow for continued use of the Parking Lot through May 3L, 2020.As you may know, we have been delayed with our construction operations and this has pushedour completion date backwards. We are doing allthat we can go mitigate this circumstance butour request is based on the best current estimations of when we will be able to vacate the spaceand restore the parking lot surface. From prior conversations, you may recall we shared concernsabout the timing difference between when we would vacate the space and when the availabilityof surfacing material would allow for restoration of the parking lot surface. With the proposedchange, we would expect to vacate the parking lot and conduct restoration of the surfaceimmediately following.Thank you in advance for your kind consideration. We welcome a discussion to clarify anyquestions you may have.Res pectfu I ly, Sincerely,CorywrenceCo-Managing Member7 EAST BEALL STREET, SUITE 201, BOZEMAN, MT 59715'l'(,106) 589-400¡ ¡t (406) s814141