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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 Page 1 of 2 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 Page 2 of 2