HomeMy WebLinkAbout16- Addendum 1 to Real Property Lease Agreement - Oh Nelly, LLC - Coffee Shop at Bozeman Public Library FIRST ADDENDUM TO
REAL PROPERTY LEASE AGREEMENT
Coffee Shop at the Bozeman Public Library
This FIRST ADDENDUM to the LEASE AGREEMENT effective March 20, 2015 ("Lease") is entered
into between the Bozeman Library Board of Trustees (referred to herein as the "Lessor") and Oh Nelly, LLC, a
Montana limited liability company with an address of 3416 Golden Valley Dr., Bozeman MT 59718, and Blaise
Arsenault, an individual with an address of 3416 Golden Valley Dr., Bozeman MT 59718 (jointly and severally,
the"Lessee").
In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency of
which is hereby acknowledged,the patties agree to amend the Lease as follows:
1. Defined terms. Capitalized terms used but not defined herein will have the meaning set forth in the Lease.
2. Property taxes. In accordance with 15-24-1203 through 15-24-1205, MCA, Lessee is assessed and must
pay when due all property taxes levied upon the Premises during the term of the Lease. The property tax
identification number applicable to the Premises is RGH57089. Lessee is not liable for any taxes levied
against the Premises prior to the Effective Date of the Lease.
3. Section 3, Paragraph C is hereby replaced in its entirety with the following:
As partial consideration for the monthly rental fee to Lessor, Lessee agrees to sell Friends' merchandise
and separately itemize such sales on Lessee's books. Lessee is entitled to a commission of 5%on all Coffee
Shop gross sales of Friends' merchandise each month. For purposes of this section, "gross sales"does not
include any credit/merchant fees incurred on the sale of Friends merchandise. Lessee agrees to keep an
accounting of sales and commissions and provide Friends with monthly statements of financial activity and
merchandise.sold. Lessee also agrees to allow Lessor and Friends access to its bookkeeping records
regarding merchandise sales during reasonable business hours to investigate the same. Amounts collected
for merchandise sales, minus commission, are due monthly, payable within 10 days of the end of each
month for the prior month's sales. Payments for merchandise sales shall be made to the Friends by
depositing such in the Friends' mailbox.
4. Except as specifically amended herein, the Lease remains in full force and effect and the parties will be
bound by all terms and conditions therein.
IN WITNESS WHEREOF,the parties hereto do make and execute this FIRST ADDENDUM to the
Lease as of , 2016.
LESSOR: LESSEE:
First Addendum to Lease for Coffee Shop at the Bozeman Public Library
Page 1 of 3
Bozeman Public Library Board of Trustees Oh Nelly,LLC
By: rVlc (,� By: ll�
BI to se Arsenault
Printed name:
%Tv-S�-
Its: ManageIts:
Blair rsen t, an indi�id>t>�1
(signature)
First Addendum to Lease for Coffee Shop at the Bozeman Public Library
Page 2 of 3
ACKNOWLEDGMENTS
STATE OF MONTANA )
SS.
County of Gallatin )
This instrument was acknowledged before me on (,Q [5 , 2016, by Blaise W. Arsenault, as an
individual and on behalf of Oh Nelly, LLC.
"roN� K A POHL NOTARY PUBLIC for the State of Montana
* SEAL * Mom of Montana
RESIDING AT ontana
[Seal] Rwldinp c,r Bozeman. My C 'sston Expires , 20
o, My Commkoon EXpif«
March 10,2020
STATE OF MONTANA )
. ss.
County of Gallatin )
This instrument was acknowledged before me on 'Peeerhber (y, 2016, by �ll f Q ce- as
hA i(- oef5a,,- of the Bozeman Public Library Board of Trustees.
%` NO%W PROX kv Me NOTARY PUBL or the State o a �
* SEAL * We o1 MOnkmo RESIDING , Montana
ReddkV allQommon,MT
[Seal] tea *ioo MV COMM UM xpMn M mMission Expires , 20
First Addendum to Lease for Coffee Shop at the Bozeman Public Library
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