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HomeMy WebLinkAbout21- Bozeman Parking Commission and 5 West LP - Bridger Park Downtown Intermodal Facility Return to, City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 2733698/2021 12:43:38 PM Fee $14.00 Eric Semera, - Gallatin County, MT MISC 11111111111111111 IT 1111111111111 IN 1111111111111111111111111111111111111111111111111 IN CONSENT TO ASSIGNMENT The undersigned, the Bozeman Parking Commission, an entity of the City of Bozeman, Montana(the "Parking Commission")hereby states, certifies and agrees as follows to and for the benefit of RPT — 5 West LP, a Colorado limited partnership ("Buyer"), and Buyer's lender, Opportunity Bank of Montana, and their respective successors and assigns: 1. That the Parking Commission and Mendenhall Partners, LLC ("Lessee") are the parties to the Agreement for the Use of Parking Spaces in the Bridger Park Downtown Intermodal Facility dated June 3, 2014 and recorded on June 3, 2014 as Document 2482451 in the records of Gallatin County,Montana(the"Agreement"). 2. The Agreement has not been amended or modified. The Agreement is valid, binding and in full force and effect. The Parking Commission has not consented to or received notice of any transfer or assignment by Lessee of any of its rights or duties under the Agreement. 3. As of the date hereof,there exists no default, nor state of facts which, with notice, the passage of time,or both,would result in a default on the part of either the Parking Commission or Lessee under the Agreement. 4. In satisfaction of the requirement stated in Section 6 of the Agreement,the Parking Commission hereby approves of and consents to the assignment by Lessee of all of its rights and duties under the Agreement to Buyer. [SIGNATURE PAGE FOLL0WSJ 1 Executed and Delivered as of M `� , 2021 Parking Commission: Bozeman Parking Commission, an entity of the City of Bozeman, Montana BAC-V+P,l N T ' STATE OF MONTANA ) SS. COUNTY OF GALLATIN ) This instrument was acknowledged before me on the day of MM 2021 by :2 ffY) ,T N e1) as G4A,4 �-M fl,;,j of the Bozeman Parking Commission, an entity of the City of Bozeman, Montana. SEAL Notary Public " KELSEY A EDWARDS \`,o�0 A ED�,�, �,,,, v .• Notary Public /^ aY `Y:NDTAAiAC��,=for the State of Montana printed Name: y Residing at: * SEAL..*e Livingston, Montana Residing in: (�� 1 h 9jF —ctP� My Commission Expires: My Commission Expl es: 0$ D Q a y OF '``` July 1,2024 2