HomeMy WebLinkAboutResolution No. R24-18RESOLUTION OF THE CITY CO ,ADDITIONAL
EXTENSION OF APPROVAL OF APPLICATION FOR SPECIAL REVIEW FOR J.
JOHNSON PROPERTIES PUROON NOS.R22-07, R23-05,
AND
WHEREAS, the City of Laurel (hereinafter "the City") previously approved the
Application for Special Review (hereinafter "the Application") for J. Johnson Properties
(hereinafter "the Applicant"), pursuant to Resolution No. R22-07, on February 8, 2022;
WHEREAS, the City thereafter approved an extension of approval of the Application,
pursuant to Resolution No. R23-05, on January 24, 2023;
WHEREAS, the City thereafter approved an extension of approval of the Application,
pursuant to Resolution No. R23-75, on September 12, 2023;
WHEREAS, the approval of the Application was subject to conditions that have not yet
been completed by the Applicant;
WHEREAS, the conditions included that "[c]onstruction of any improvements to the
site and building must be completed within twelve (12) months of special review approval";
WHEREAS, the conditions also specified that the Applicant could request an extension,
if necessary;
WHEREAS, the Applicant needs additional time to complete the conditions, and the
Applicant has requested an additional six (6) month extension from the City; and
WHEREAS, the City is agreeable to the Applicant's request, by way of formally
extending the provisions of Resolution Nos. R22-07 and R23-05 and R23-75 for an additional
six (6) months from the date of this Resolution.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana that the terms and conditions of Resolution Nos. R22-07 and R23-05 and R23-75 are
hereby extended by six (6) months from the date of this Resolution to allow the Applicant time
to meet the conditions for approval of the Application for Special Review.
Introduced at a regular meeting of the City Council on the 26th day of March 2024 by
Council Member Mize.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
26th day of March 2024.
R24-18 Authorize Extension of Special Review Approval Pursuant to Resolution Nos. R22-07 and R23-05 and
R23-75
APPROVED by the Mayor on the 26`h day of March 2024.
ATTEST:
kr r, Clerk -Treasurer
pol dqw
Michele L. Braukmann, Civil City Attorney
CITY OF LAUREL
Dave Waggoner,M'" r
R24-18 Authorize Extension of Special Review Approval Pursuant to Resolution Nos. R22-07 and R23-05 and
R23-75
229 East 2nd St. Suite 200 (82601) 1 PO Box 50630 1 Casper. WY 82605
PHONE 307.265.3029 1 FAX 307.473.2909
City Council
115 W. 18' Street
Laurel, MT 59044
Re: Resolution No. R22-07
Request for Extension
Dear City Council.
We are requesting a 60 Day extension to Resolution No. R22-07 per Condition 3 to complete the
remodel of 305 South 11 Avenue.
We are almost complete and anticipate opening in mid-April 2024.
We respectfully request this sixty day extension. Please contact us if you need more information
or have further questions.
Sincerely
John Johnson
J Johnson Properties
ro
LD CHICAG
Alcoholic Beverage/Gambling Operator
Short Form
whether you own or lease the new location.
J4 $200 Processing Fee The fee applies to alcoholic, beverage licenses only. These transactions require
Department of Revenue to publish a notice in the local newspaper
Copies of mortgage loan documents (if a purchase) OR new lease agreement.
Certified Survey Affidavit (On -Premises (ONP) licenses only).
Floor plan (including business name, alcoholic beverage license number, physical address, outer
dimensions, seating, service bar, alcoholic beverage storage, etc.). Please do not send the original blue
prints, only a copy of the floor plan (8 112 x 11, one page).
Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents
or information. This application and the documents and information provided will be reviewed under an amended license
process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control
Division at (406) 444-1971.
Mail application, required documents listed above, and fees to:
Gambling Control Division
PO Box 201424
Helena, MT 59620
*If Wholesaler & Distributor (WSL), Brewery (DBR), Distillery (DSM) mail application, required documents listed
above, and fees to
Montana Department of Revenue
PO Box 1712
Helena, MT 59624-1712
This Lease Agreement (this "Lease") effective as of April 1, 2022, between J Johnson
Properties, LLC ("Landlord") and Tavern Partners, Inc. dba Lucky Louie's Tavern &
Casino (Tenant") agree as follows:
PRE' MISES. Landlord, in consideration of the lease payments provided in this Lease,
leases to Tenant beginning April 1, 2022 all of the property (the "Premises") located at
305 S. 1' Ave., Laurel, Montana 59044.
FURNISHINGS. The lease of the Premises includes the furnishings listed on the
attached exhibit. Tenant shall return all such items at the end of the lease term in a
condition as good as the condition at the beginning of the lease term, except for such
deterioration that might result from normal use of the furnishings.
TERM. The lease term will begin on April 1, 2022, and will terminate on March 31,
2023. The lease shall automatically renew annually for a period of one year unless
cancelled by either party by giving notice (60) days prior to the expiration of the lease.
The terms and conditions of the renewal shall be the same as the original lease and any
written modifications.
LEASE PAYMENTS. Tenant shall pay to Landlord monthly payments of $4,000.00 per
month, payable in advance on the I' day of each month. Lease payments shall be made
to the Landlord at Landlord's designated address.
NON -SUFFICIENT FUNDS. Tenant shall be charged $35.00 for each check that is
returned to Landlord for lack of sufficient funds.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of this
Lease, and shall yield possession to Landlord on the last day of the term of this Lease,
unless otherwise agreed by both parties in writing or automatically renewed.
USE OF PREMISES. Tenant may use the Premises only for the purposes of a Bar and
Casino. The Premises may be used for any other purpose only with the prior written
consent of Landlord, which shall not be unreasonably withheld. Tenant shall notify
Landlord of any anticipated extended absence from the Premises not later than the first
day of the extended absence.
a. Landlord hereby consents to the Tenant obtaining a liquor license
and serving alcoholic beverages in the leased Premises.
b. Landlord hereby consents to the Tenant obtaining a gambling
license and operating a gambling casino in the leased Premises.
REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall have the
permission of Landlord to do the construction or remodeling (at Tenant's expense) that
may be required to use the Premises as specified above. Tenant may also construct such
fixtures on the Premises (at Tenant's expense) that appropriately facilitate its use for such
purposes. Such construction or remodeling shall be undertaken and such fixtures may be
erected only with the prior consent of the Landlord, which shall not be unreasonably
withheld. At the end of the lease term, Tenant shall be entitled to remove (or at the
request of the Landlord shall remove) such fixtures, and shall restore the Premises to
substantially the same condition of the Premises at the commencement of this Lease.
MAINTENANCE. Tenant shall have the responsibility to maintain the Premises in
good repair at all times.
ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall
not be unreasonably withheld), Landlord shall have the right to enter the Premises to
make inspections, provide necessary service, or show the unit to prospective buyers,
mortgagees, tenants or workers. As provided by law, in the case of an emergency,
Landlord may enter the Premises without Tenant's consent.
UTILITIES AND SERVICES. Tenant shall be responsible for all utilities and services
in connection with the Premises.
PROPERTY INSURANCE. Tenant shall maintain casualty insurance on the Premises
in an amount equal to 100% of the full replacement value. Landlord shall be named as
insured in such policies. Tenant shall deliver appropriate evidence to Landlord as proof
that adequate insurance is in force. Landlord shall have the right to require that the
Landlord receive notice of any termination of such insurance Policies. Tenant shall also
maintain any other insurance which Landlord may reasonably require for the protection
of Landlord's interest in the Premises.
LIABILITY INSURANCE. Tenant shall maintain liability insurance in a total
aggregate sum of at least $500,000.00. Tenant shall deliver appropriate evidence to
landlord as proof that adequate insurance is in force. Landlord shall have the right to
require that the Landlord receive notice of any termination of such insurance policies.
INDEMNITY REGARDING USE OF PREMISES. Tenant agrees to indemnify, hold
harmless, and defend Landlord from and against any and all losses, claims, liabilities, and
expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur
in connection with Tenant's use or misuse of the Premises.
DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any
article or thing of a dangerous, inflammable, or explosive character that might
substantially increase the danger of fire on the Premises, or that might be considered
hazardous by a responsible insurance company, unless the prior written consent of
Landlord is obtained and proof of adequate insurance protection is provided by Tenant to
Landlord.
TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated
as follows:
Real Estate Taxes. Tenant shall pay all property taxes and assessments for the
Premises.
Personal Property Taxes. Tenant shall pay all personal property taxes and any
other charges which may be levied against the Premises and which are attributable
to Tenant's use of the Premises.
MECHANICS LIENS. Neither the Tenant nor anyone claiming through the Tenant
shall have the right to file mechanics liens or any other kind of lien on the Premises and
the filing of this Lease constitutes notice that such liens are invalid. Further, Tenant
agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of
goods, labor, or services that such liens will not be valid, and (2) take whatever additional
steps that are necessary in order to keep the Premises free of all liens resulting from
construction done by or for the Tenant.
NOTICE. Notices under this lease shall not be deemed valid unless given or served in
writing and forwarded by mail, postage prepaid, addressed as follows:
LANDLORD: J Johnson Properties, LLC
PO Box 50630
Casper, Wyoming 82605
TENANT: Tavern Partners, Inc.
dba Lucky Louie's Tavern & Casino
P.O. Box 50630
Casper, Wyoming 82605
Such addresses may be changed from time to time by either party by providing notice in
writing.
ENTIRE AGREEMENT / AMENDMENT. This Lease Agreement contains the entire
agreement of the parties and there are no other promises or conditions in any other
agreement whether oral or written. This Lease may be modified or amended in writing, if
the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Lease is invalid or unenforceable,
but that by limiting such provision, it would be valid and enforceable, then such provision
shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provisions of the Lease shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Lease.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative,
and shall not be construed as exclusive unless otherwise required by law.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the
State of Wyoming.
ADDITIONAL PROVISIONS. Any and all interior repairs will be the sole
responsibility of the Tenant.
c�-r2bC2z,�,
J Jo on Properties, L C
TENANT:
Street Address of Proposed
City Laurel
305 S. 1 st Street
County Yellowstone
MONTANA
LCC) 3
SURVEY
Rev 1114
1, am a 1_1County Surveyor I j City Surveyor [] Private Licensed
Land Surveyor and have the knowledge and the authority to attest that the distance was measured by radial survey
method from the nearest corporate city boundary to the nearest entrance of the proposed premises known as
(Business name). Plat(s)/map(s) verifying the location that indicate the points
between which the measurement was made and the distance can be provided upon request.
In the case of a location inside the corporate boundary, include the following:
1, Douglas W. Pezaidt , am a pj County Surveyor _ City Surveyor 10 Private Licensed
Land Surveyor and have the knowledge and the authority to attest to the location of the premises known as
J Johnson Properties, LLC (Business Name) was determined by examination of corporate plats or other
official records.
Location of Premises (check one)
1011311
Within the incorporated boundaries of Laurel, Montana
IRLess than five miles from the nearest corporate boundary of
CDMore than five miles from any incorporated city within
(Name of City)
(Name of City)
(Name of County)
If the premises is outside an incorporated city, please provide the exact distance (in hundredths the nearest
corporate boundary to the nearest entrance of the premises.-� m,0� �q
By signing this form, I recognize state law requires the distance be measured in a straight jdQriiiit) M i
of the premises proposed for licensing to the nearest corporate boundary of the city or tow 15273LS
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( r f-
t Professional Land Suer
Signature C, Title AL LAt
Surveyor License or Registration Number 15273LS
Subscribed and sworn to before me this
tN A lir
HEATHER LEWIS
o�ffi
NOTARY PUBLIC for the
SEAL ,
State of Montana
Residing at Laurel, Montana
My Commission Expires
e� Moi
February 6, 2022
day of 20
On this day of( { 20
Personally appearedUlI.% ifll
befor me a Notary Pub lc far the State of h" —
t, Notary Signature
'(1:-f'l ter" Lel Print Name of Notary
My Commission Expires µ'f # } (fly Z.'�L Month, Day and Fourth digit of Year
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