HomeMy WebLinkAbout16- Addendum 1 to License Agreement - NorthWestern Energy - Pilot Solar ProjectFIRST ADDENDUM TO SOLAR PROJECT LICENSE AGREEMENT
THIS FIRST ADDENDUM TO THE SOLAR PROJECT LICENSE AGREEMENT dated
February 8, 2016 ("License Agreement") is made and entered into this I 1.�" day of
2016, by and between the City of Bozeman, Montana, a self governing
municipal corporation organized and existing under its Charter and the laws of the State of
Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771 (the "City") and Northwestern Corporation d/b/a NorthWestern
Energy, a Delaware corporation, of 40 East Broadway, Butte, Montana 59701-9394, ("NWE", and
collectively with the City the "Parties").
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
A. Description of Licensed Property. Section 2 of the License Agreement describing the
licensed property is replaced in its entirety with:
2. PROPERTY:
In consideration of $1.00, and other good and valuable consideration, the City
does hereby grant NWE permission, revocable and terminable as provided herein, to
install, operate, monitor, maintain, repair and remove the equipment, facilities and
improvements as reasonably necessary to develop the solar photovoltaic plant as
anticipated by the Project upon real property owned by the City, as shown on Exhibit A
("the Site") and more particularly described as follows:
All that certain License Parcel located on Tract B of Certificate of
Survey No. 473D located in the NW1/4 and NEI/4 of Section 26,
Township 1 South, Range 5 East, P.M.M., City of Bozeman,
Gallatin County, Montana being more fully bounded and described
as follows:
Beginning at the Westernmost corner of the herein described
License Parcel at a point which bears N 21°14'45" E a distance of
101.84 feet from the Southwest corner of said Tract B; thence
through said Tract B the eight (8) following courses; 1) N
First Addendum to Solar Project License Agreement
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90°00'00" E a distance of 352.00 feet; 2) N 00°00'00" W a
distance of 20.00 feet; 3) N 90°00'00" E a distance of 20.00 feet;
4) S 00°00'00" E a distance of 20.00 feet; 5) N 90°00'00" E a
distance of 108.00 feet; 6) S 00°00'00" W a distance of 387.81
feet; 7) N 53°27'11" W a distance of 509.08 feet; 8) N 39°59'31"
W a distance of 110.51 feet to the Point of Beginning.
Said License Parcel containing in area 2.296 acres, along with and
subject to any existing easements.
B. Replacement of Exhibit A. Exhibit A of the License Agreement depicting the Site is
replaced with the attached Exhibit A.
C. Agreement still valid. All remaining terms and provisions of the License Agreement
remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA
By� n ` J -
Chris K�ukulski, City Manager
APPROVED AS TO FORM
By4X:�
Greg Sullivan, Bozeman City Attorney
NORTHWESTERN ENERGY
By
Print Name: zry�.evi.
Title• ZSr, P;L,:- °�fSFiyTA7Z�
First Addendum to Solar Project License Agreement
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