HomeMy WebLinkAbout17- Addendum 1 to Agreement for a Revocable Encroachment Permit - Kenyon-Noble Lumber Company and CAMO Holdings, LLC - Front and Birch Street Rights-of-Way AFTER RECORDING RETURN TO:
Bozeman City Clerk -2583314
PO Box 1230
Page: 1 of 4 06/20/2017 02:38:06 PM Fee. $28.00
Bozeman, MT 59771-1230 Charlotte Mills — Gallatin County, MT Mlsc
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ADDENDUM NO. 1 TO AGREEMENT
FOR A REVOCABLE ENCROACHMENT PERMIT
THIS ADDENDUM TO THE AGREEMENT BETWEEN CITY OF BOZEMAN AND
KENYON-NOBLE LUMBER COMPANY AND CAMO HOLDINGS, LLC ("Agreement")
is made and entered into this q day of MAV 2017,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, hereinafter,referred'to'as "City," and Kenyon-
Noble Lumber Company and CAMO Holdings,LLC,both with mailing address of P.O.Box 1109,
Bozeman, MT 59719-1109, (collectively "Permittee" and together with the City,the "Parties."
WHEREAS, the City and the Permittee entered into the Agreement effective August 19, 2016
(recorded in the records of the Gallatin County Clerk and Recorder as document number 2555225)
whereby the parties agreed to certain conditions concerning the occupancy of the "Birch Street
Right of Way" and "Front Street Right of Way" (collectively, "Permit Areas); and
WHEREAS the City desires to grant the Permittee more time to meet the conditions of the
Agreement with respect to the"Front Street Right of Way;"
NOW,THEREFORE in consideration of the mutual covenants and agreements herein contained,
the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as
follows:
1. Extension of Time for Performance. Line 1 of Section 7 of the Agreement is replaced in
its entirety with the following:
As a condition precedent to the Permit issued pursuant to this Agreement for the Permittee
to occupy the Front Street Permit Area the Permittee must no later than March 30, 2018
remove all fixtures and appurtenances that are located outside of the Front Street Permit
Area but within the Front Street Right-of-Way,to include but not be limited to fencing and
other personal property, so as to leave the portion of the Front Street Right of Way not
Addendum No.I to Agreement for Revocable Encroachment Permit
Page 1 of 4
included in the Front Street Permit Area free and clear of all Permittee's personal property,
fixtures and appurtenances.
2. Agreement still valid. All remaining terns and provisions of the Agreement remain valid.
3. Recordation. This Addendum shall be recorded in the files of the Gallatin County Cleric
and Recorder. All costs of recording shall be borne by the Permittee. The original of this
addendum must be returned to the Bozeman City Clerk.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES
Addendum No.l to Agreement for Revocable Encroachment Permit
Page 2 of 4
Kenyon-Noble Lu r Co any
By: DATE:
Its: p.:. S'ecre Qrli
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on the q day of IM Y ,20 /,7 by
AL-Aiv McCvcc,iM , P�of Kenyon Noble Lumber Company.
S�-rn�Y
""".., JERRY D. SMITH
° Notary Public otat ean"
ic fo the State of Montana
ptAR�q for the State of Montan y _
N -- - Residing at: it
e: /E72l�( �• s'Yl�T�i
* SL"'AL.z�;= Bozeman, Montana
oFMo My commission Expires: eSldirigin C�'jZfl!
February 24,201 s y Commission Expires: F/Zu/ Y Z�f, �lJ1g
CAMO Holdings, LL
By: L DATE:
Its: Member
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on the 9 day of_ /71" ,20 17 by
f1GA-A✓ A? AeVU44 , a Member of CAMO Holdings,LLC.
u
_ Notary Van
lic for/the�State of Montana
JERKY D. SMITH Printede: ��� /). Snl��
:PAY D S Notary Public
for the State of Montana Residing in 0o zFn47LI
Residing at: My Commission'Expires: 1�EZ4AIf12-LI
SEAL--'* Bozeman, Montana
-9OF Mo�P My commission Expires:
February 24,2018
Addendum No.I to Agreement for Revocable Encroachment Permit
Page 3 of 4
City of Bozeman
c + _
By: r- '�- 1"` • DATE: 7
Interim City Manager
STATE OF MONTANA )
SS.
County of Gallatin )
This instrument was acknowledged before me on the a&-'-day of �( �_yLQ_ , 20Lq-by
Interim City Manager of the City of Bozeman, Montana.
Notary Pu lic for the S e f Montana
Printed Name: nn ) �1
(SEAL) Residing in Ec �n
My Commission Expires: ]
•� KN�" ALICIA KENNEDY
g v;��oT�et�•� NOTARY PUBLIC for the
€ : SEAL: S STATE OF MONTANA
Resk,ing at Bozeman,Montana
My Commission Expires
August 04,2019
Addendum No.I to Agreement for Revocable Encroachment Permit
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