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HomeMy WebLinkAbout26 - License Agreements - Northwestern Energy - City Storage YardLICENSE AGREEMENT FOR THE USE OF CITY OF BOZEMAN PROPERTY BY NORTHWESTERN ENERGY THIS LICENSE AGREEMENT (the "Agreement") is an agreement between the City of Bozeman, with a mailing address of P.O. Box 1230, Bozeman, MT 59771 (the "City"), Northwestern Energy Corporation (hereinafter "NWE" or “Licensee”), a Delaware corporation, d/b/a Northwestern Energy with a mailing address of 11 E. Park Street, Butte, MT 59701. The City and NWE referred to collectively as the "Parties." Whereas, the City of Bozeman, is the owner of certain real property located in Bozeman, Montana, commonly known as the “City storage yard” on 1821 N. Rouse Avenue, further defined herein and referred in this document as the “Premises”; and Whereas, NWE owns certain real property immediately adjacent to and west of the Premises (the “Adjacent Property”), which NWE utilizes for operation of a natural gas facility; and Whereas, NWE intends to undertake improvements and construction activities on the Adjacent Property and requests to license certain temporary space on the Premises from the City to support such activities; Whereas, NWE will manage and do the improvements, acting as its own general contractor, and may contract with others to provide construction and related services for the improvements and the City understands NWE, their subcontractors and other entities contracted with or hired by NWE will use a portion of the Adjacent Property as specifically defined herein during the term of this Agreement; and Now therefore, in consideration of NWE's promises herein, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the City hereby grants permission, revocable and terminable as hereinafter provided, to the NWE for their use of the licensed Premises for their improvements project, during the period commencing upon execution by the City Manager of this Agreement to October 31, 2026, on the terms and conditions set forth below, which NWE promise to comply with and abide by: 1. Description of the Premises and Licensed Area. The Premises, commonly known as the City storage yard, is located at 1812 N Rouse Avenue, Bozeman MT with and the legal description of the real property is: Tract 2 of Certificate of Survey No. 2818, located in the NE ¼ of Section 6, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official plat thereof, filed in the office of the Gallatin County Clerk and Recorder as Document No. 2415648 Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 The specific area NWE is permitted to use under this Agreement is shown in Exhibit A attached to this Agreement and incorporated herein and referred to as “Licensed Area”. The Licensed Area includes two areas on the West side of the City Storage yard on North Rouse Avenue. No other portion of the property may be occupied by Licensee without prior written approval of the Bozeman City Manager. To access the Premises, NWE may use existing easements over the property. Any required entry through areas used for City operations must not hinder City operations. Any issues or concerns with access can be resolved with the City Representative. 2. Rent/License payment. a. This Agreement and the license is provided to Licensee for a monthly license payment (“Rent”) of Five Hundred Dollars ($500.00) per month, payable by NWE on or before the first day of each month during the term of this Agreement. Failure of NWE to pay on or before the first day of each month is cause for immediate termination of the license granted by this Agreement without notice to NWE and in such a case, NWE must immediately halt all use of the Licensed Area. Any partial month of occupancy of the Licensed Area shall be prorated by multiplying the Rent by the result of the number of days included in the term for said month divided by the total number of days in same month. b. Prior to occupation of the Licensed Area, NWE shall pay a one-time payment of $2,000.00 to reimburse the City for administrative costs related to entering into this License Area. 3. Extensions/Costs. Licensee agree that any request for extension of the term of this Agreement and the license it provides beyond October 31, 2026, is at the sole discretion of the City and, if the City determines to authorize an extension, any extension shall result in, at minimum, the following: a. Require an addendum to this Agreement signed by the Bozeman City Manager no later than 30 days prior to October 31, 2026; b. Require the ongoing payment of rent pursuant to Section 3. Should Licensee request an extension of this Agreement and the license it provides, the City may require additional conditions including the payment of costs not mentioned herein. 4. Title. Licensee hereby acknowledges this Agreement grants a privilege and not an interest in real property or the title of the City to the Premises and Licensee agrees never to deny such title or claim, at any time, or claim any interest or estate of any kind or extent whatsoever in the Premises by virtue of this Agreement or Licensee's occupancy or use hereunder. The City may enter the Premises at any time to assert its real property interests or for other purposes which do not unreasonably interfere with the activities of Licensee. Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 5. License. The City hereby grants exclusive permission, revocable and terminable as provided herein, to Licensee use of the Licensed Area located on the Premises to support work to be completed on the Adjacent Property, during the term listed above and only on the terms and conditions set forth herein or reasonable orders of the City's authorized representatives made from time to time, which Licensee promises to comply with and abide by. Such right shall include the right to use the Premises for purposes of providing Licensee a staging area for storage of construction materials and construction equipment. Licensee agrees to comply with all City ordinances and other rules and regulations regarding permits and approvals related to operations if necessary as well as those of any other governmental entity having jurisdiction. Licensee’s use of the Licensed Area must not interfere with the City's use of its property or day-to-day operations. 6. Indemnification/Insurance. a. To the fullest extent permitted by law, Licensee recognizes they exercise their privileges under this Agreement at their own risk, shall release, and shall protect, defend, indemnify, and hold harmless the City, and their agents, representatives, employees, and officers from and against any and all claims, demands, actions, fees and costs (including attorney's fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith, regardless of the cause or causes thereof or the negligence of any party or parties that the above may be asserted against, recovered from or that may be suffered by the City and its agents, representatives, employees, and officers, occasioned by, growing or arising out of or resulting from or in any way related to: (i) the occupation or use of the Premises by Licensee; (ii) the negligent, reckless, or intentional misconduct of Licensee, their officers, employees, or agents on or related to the Premises; (iii) any negligent, reckless, or intentional misconduct of any of Licensee’s guests, invitees, contractors, or subcontractors on or related to the Premises; and (iv) the negligent, reckless, or intentional misconduct of any other third party with respect to use of the Premises. Licensee 's obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an indemnitee described in this Section. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Licensee's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 Should the City and its agents, representatives, employees, and officers described herein be required to bring an action against Licensee to assert its right to defense or indemnification under this Agreement, the City, and their agents, representatives, employees, and officers shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines Licensee was obligated to defend the claim(s) or were obligated to indemnify the City and their agents, representatives, employees, and officers for a claim, demand, action, etc. or any portion(s) thereof. In the event of an action filed against an indemnitee resulting from the Licensee’s performance under this Agreement, the indemnitee may elect to represent itself and incur all costs and expenses of suit. These obligations shall survive termination of this Agreement for the statute of limitations period of any such claims, demands, actions, etc. Licensee must include in all their contracts, agreements, work orders, services orders or any other written or oral requests for work completed on the Adjacent Property owned by Licensee wherein such work or actions occurs in any part on the Premises or Licensed Area that any such contractor, person or entity performing any such work or access on the Premises or Licensed Area fully releases the City and its agents, representatives, employees, and officers in writing to the same extent and under the same terms and conditions as Licensee is required pursuant to this Agreement and waives all claims of any kind or nature against the City and its agents, representatives, employees, and officers to the same extent as Licensee is required pursuant to Section 17 of this Agreement. The City and its agents, representatives, employees, and officers may require Licensee to provide evidence that any of Licensee’s contractors or persons or entities conducting work or access on the Licensed Area has provided such written release and waiver. b. In addition to and independent from subsection (a), above, during the term of this Agreement Licensee shall, at Licensee 's expense, maintain those insurances as may be required by City as set forth below through an insurance company or companies duly licensed and authorized to conduct business in Montana with a Best's rating of no less than A- which insures the liabilities and obligations specifically assumed by Licensee in subsection (a) of this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Licensee in subsection (a) of this Section nor for any of Licensee 's activities on the Licensed Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 Area. Licensee shall notify the City's Representative sixty (60) days prior to the expiration of any such required insurance coverage and shall ensure such required insurance coverage is timely renewed so that there is no lapse in coverage during the time such insurance must remain in place. Licensee shall notify the City's Representative within two (2) business days of Licensee's receipt of notice that any required insurance coverage will be terminated or Licensee's decision to terminate any required insurance coverage for any reason. The insurance and required endorsements must be in a form suitable to the City. Licensee agrees they may not occupy the Licensed Area until such insurances are approved by the City. NWE shall obtain the following type of insurance in the amount indicated: i. Workers' Compensation - not less than statutory limits; ii. Employers' Liability - $1,000,000 each accident/$1,000,000 disease policy limit/$1,000,000 disease - each employee iii. Commercial General Liability - $1,000,000 per occurrence; $5,000,000 annual aggregate for bodily injury and property damage; iv. Automobile Liability - $1,000,000 per property damage claim and $1,000,000 per bodily injury claim; $2,000,000 per accident; v. Contractual Liability Insurance - $2,000,000 per occurrence $5,000,000 aggregate; and vi. Additional coverage as may be required by the City. The City, their officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on Licensee’s Property Owner, and Commercial General Liability and Contractual Liability policies. 7. Construction/Restrictions/Repair and Maintenance. a. Licensee must maintain, at their sole cost and expense, the Licensed Area in a presentable condition consistent with good business practice and in a safe, neat, and good physical condition and free of garbage and debris. b. Licensee must, at their sole cost and expense, install and maintain in good condition a barrier fence around the perimeter of the Licensed Area. c. Any additions or changes to the existing ingress or egress on the Licensed Area must be approved in advance by the City's Representative. d. For the use of any public rights-of-way or any real property of the City other than the Licensed Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 Area, Licensee must obtain the applicable permits. Failure to obtain or comply with the requirements a permit may be deemed by the City to be a breach of the requirements of this Agreement. e. Licensee agrees to immediately repair any damage caused by Licensee, their agents, invitees, guests, hires, contractors or subcontractors to any public or private property outside the Premises and Licensed Area including but not limited to streets, curbs, sidewalks, and other infrastructure to, for public infrastructure, the current City standard for that infrastructure and, for privately owned infrastructure, to a condition acceptable to the owner of such private infrastructure. Licensee agrees to timely comply with any request of City's Representative to perform maintenance and repairs to streets, curbs, sidewalks and other infrastructure damaged by Licensee or their agents, invitees, guests, hires, contractors, or subcontractors. f. Any damage to the Premises or Licensed Area shall be repaired to a condition acceptable to the City's Representative. Maintenance or repair work to the Licensed Area shall be performed to the City's reasonable satisfaction. 8. Restoration. a. Within 30 days upon completion of the Licensee's use of the Licensed Area or within 30 days of termination of this Agreement pursuant to Section 12, whichever is earlier, and under no circumstances later than December 1, 2026, the Licensee shall cause the Licensed Area to be fully restored to the condition existing at the date of execution by the City including reinstallation of any personal property of the City removed by Licensee. Restoration is at the discretion of the City. The Licensed Area must be restored to a condition as good or better than existed prior to Licensee's occupation of the Licensed Area. b. Prior to Licensee occupying the Licensed Area, the City's Representative and Licensee shall perform an inspection of the Licensed Area and adjacent public and private infrastructure with video and/or photographs to record the condition of the Licensed Area and/or public or private infrastructure (the "Existing Condition"). c. The City and Licensee may enter into an agreement prior to the expiration of the term of this Agreement or prior to the end of Licensee's occupation of the Licensed Area regarding restoration of the Licensed Area to a condition different from the Existing Condition. d. Site Restoration Security. The Licensee shall provide the City security for Licensee’s restoration requirement through a form acceptable to the Bozeman City Attorney. Licensee may provide a cash deposit, a letter of credit, or obtain a good and sufficient site restoration performance bond payable to the City of Bozeman. The security shall be for the complete restoration of the Site as required by this Section in an amount equal to fifty thousand dollars ($50,000.00). Such security shall be conditioned on the Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 City's determination whether required restorations have been satisfactorily completed. Licensee may substitute such security upon a written requested directed to the City's Representative and upon approval by the Bozeman City Attorney. Release of the security to Licensee upon satisfaction of their restoration obligations shall be upon written request of the Licensee providing the security and must be authorized in writing by the City's Representative. 9. Waste, Nuisance, and Unlawful Use Prohibited. Licensee shall not commit, or suffer to be committed, any waste on the Licensed Area, nor shall Licensee, their agents, invitees, guests, hires, contractors or subcontractors maintain, commit, or permit the maintenance or commission of any nuisance on the Licensed Area or use the Licensed Area for any unlawful purpose. Licensee shall not do or permit anything to be done in or about the Licensed Area that will in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and use of the Licensed Area as City owned real property, which are or may hereafter be enacted or promulgated by any public authority. 10. Hazardous Materials. Licensee agrees and represents that they, their agents, invitees, guests, hires, contractors or subcontractors shall not store or dispose of on the Licensed Area any "Hazardous Materials" as defined by Federal, State or local law as from time to time as amended. 11. Signage. Licensee, their agents, invitees, guests, hires, contractors or subcontractors may not install any exterior building or other signs unless approved by the City's Department of Community Development, and all signage must be in compliance and conformity with any and all local sign ordinances and zoning requirements. 12. Termination. a. If Licensee fails to comply with any condition of this Agreement at the time or in the manner provided for, the City Manager may, at its option, terminate this Agreement and the City shall be released from all obligations if default is not cured within thirty (30) calendar days after written notice of the default is provided to Licensee. Said notice shall set forth the items to be cured. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Agreement or by email to the Parties' representatives. Failure to cure any default shall result in an order by the City's Representative for Licensee to cause removal of all personal property from the Licensed Area immediately. Licensee agrees that cessation of construction activities on their Adjacent Property for a Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 consecutive period of thirty (30) days or more during the Term may result in revocation of this Agreement and the license it authorizes and as such Licensee agrees to keep the City Representative apprised as to progress and delays on their improvements. In the event work ceases for a period of thirty (30) or more days without communication from Licensee, the City Manager may order Licensee to vacate the Licensed Area within five (5) business days of written notice for cessation of construction activities. An order revoking this Agreement for cessation of construction activities on the Adjacent Property does not relieve Licensee of any obligations or requirements of this License. b. Licensee may terminate this Agreement, at Licensee’s sole option, upon thirty (30) days prior written notice to the City. Upon termination, Licensee shall remove their equipment and material, and must, prior to the end of the term, restore the Licensed Area in accordance with Section 8. 13. Liquidated Damages. If Licensee occupies the Licensed Area beyond the term provided in this Agreement or if Licensee fails to comply with the restoration requirements of this Agreement, Licensee shall be subject to a payment to the City in the collective sum of Five Hundred Dollars ($500.00) per day from the date of notice by the City as payment for liquidated damages resulting from the Licensee’s unauthorized occupation of the Licensed Area or Licensee’s failure to restore the Licensed Area to a condition satisfactory to the City. The Licensee specifically agree this amount shall be owning to the City without the City having to file a lawsuit to collect such amounts. 14. Non-discrimination and Equal Pay. Licensee agrees that all hiring by Licensee of persons performing this Agreement must be on the basis of merit and qualifications. Licensee must have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Licensee cannot refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Licensee is subject to and must comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Licensee represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Licensee must report to City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 Licensee must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Amendment. This Agreement represents the entire understanding between the Parties regarding the subject matter and supersedes any prior agreement, verbal or written. Any amendment or modification of this Agreement or any provision herein shall be made in writing or executed in the same manner as the original document and shall after execution become a part of this Agreement. 16. Assignment. Licensee may not assign this Agreement in whole or in part and may not sublet all or any portion of the Community. No assignment will relieve Licensee of their responsibility for the performance of this Agreement (including its duty to defend, indemnify and hold harmless). This Agreement and the license it authorizes does not run with the land. 17. Waiver of Claims. Licensee waives all claims against the City, its officers, agents, and employees, for injury to persons or property on or about the Community Garden or from use of the Licensed Area. Licensee agrees the responsibility for protection and safekeeping of equipment and materials on or near the Licensed Area will be entirely that of Licensee and that no claim shall be made against the City by reason of any act of an employee, officer, or agent of the City or any trespasser except as to negligent or intentional acts of City employees in the scope of their respective employment which are the sole cause of such claims. 18. Representatives. a. City's Representative. The City's Representative for the purpose of this Agreement shall be Jon Henderson, Assistant City Manager or his successor or designee. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, Licensee may direct their communication or submission to other City personnel or agents, specifically and first, the Assistant Bozeman City Manager, and may receive approvals or authorization from such persons. b. Licensee's Representatives. The Licensee's Representatives for the purpose of this Agreement shall be _______________________. Whenever direction to or communication with either Licensee is required by this Agreement, such direction or communication shall be directed to Licensee's respective Representative; provided, however, that in exigent circumstances when one of Licensee’s Representatives is not available, the City may direct its direction or communication to other Licensee's Representative and such communication shall be determined to be communication with both Licensee. Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 Mike Cassidy 19. Permits. Licensee shall provide all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 20. Intoxicants; DOT Drug and Alcohol Regulations. Licensee shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the Licensed Area or Premises. Licensee acknowledges they are aware of and shall comply with their responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. The City shall have the right to request proof of such compliance and Licensee shall be obligated to furnish such proof. The City may order removal from the Licensed Area of any employee or agent of Licensee or any of their subcontractors for use of controlled substances and alcohol on the Licensed Area. Licensee shall ensure the above requirements apply to all subcontractors. 21. Liens and Encumbrances. Licensee shall not permit any liens or encumbrances to be filed on the Licensed Area related to Licensee's use of the Licensed Area or construction prior to the expiration of this Agreement or termination by the City or Licensee as provided herein. Licensee shall furnish the City with satisfactory proof that there are no outstanding liens or encumbrances in connection with Licensee’s use of the Licensed Area. 22. Dispute Resolution. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each Party duly authorized to execute settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival. Licensee's indemnification and other obligations shall survive the termination or expiration of this Agreement as specified above or for the maximum period allowed under applicable law. 24. Headings. The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Waiver. A waiver by City of any default or breach by Licensee of any covenants, terms, or conditions of this Agreement does not limit City's right to enforce such covenants, terms, or conditions or to pursue City's rights in the event of any subsequent default or breach. 26. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 27. Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 28. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 29. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the Parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party except the City. 30. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 31. Authority. Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 32. Independent Contractor. The Parties agree and acknowledge that in the performance of this Agreement Licensee shall not be considered an agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Licensee at all times will be considered the agents, employees, or independent contractors of Licensee and at no time will they be the employees, agents, or representatives of the City. 33. Integration. This Agreement constitutes the entire agreement of the Parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 34. Recordation. This Agreement shall be recorded in the files of the Gallatin County Clerk and Recorder. All costs of recording shall be borne by Licensee. The original of this recorded agreement shall be returned to the Bozeman City Clerk. 35. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. *** END OF AGREEMENT EXCEPT FOR SIGNATURES *** Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA NORTHWESTERN ENGERGY CORPORATION By________________________________ By__________________________________ Chuck Winn, City Manager Name: Title: APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney Mike Cassidy Real Estate Representative Mike Cassidy Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 EXHIBIT “A” Docusign Envelope ID: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 Certificate Of Completion Envelope Id: C4EAE8D4-EE7D-80D0-82AC-83E998A3DDC6 Status: Completed Subject: Complete with Docusign: NWE License Agreement for City Storage Yard 6.16.26.pdf Source Envelope: Document Pages: 13 Signatures: 2 Envelope Originator: Certificate Pages: 4 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 1 PO Box 1230 Bozeman, MT 59771 mike.maas@bozemanmt.gov IP Address: 155.190.9.6 Record Tracking Status: Original 6/18/2026 12:55:25 PM Holder: Mike Maas mike.maas@bozemanmt.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Signer Events Signature Timestamp Greg Sullivan greg.sullivan@bozemanmt.gov City of Bozeman Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 2600:100e:b040:d0c0:b04e:62b2:4a38:9668 Signed using mobile Sent: 6/18/2026 12:57:50 PM Viewed: 6/18/2026 3:06:51 PM Signed: 6/18/2026 3:07:09 PM Electronic Record and Signature Disclosure: Accepted: 6/18/2026 3:06:51 PM ID: 4df1c5bd-c3e4-4584-91a5-fde3a69d1fb4 Chuck Winn chuck.winn@bozemanmt.gov City Manager 15 Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 155.190.3.5 Sent: 6/18/2026 3:07:10 PM Viewed: 6/18/2026 3:42:22 PM Signed: 6/18/2026 3:42:31 PM Electronic Record and Signature Disclosure: Accepted: 6/18/2026 3:42:22 PM ID: 63fbbbd1-7de0-4346-918c-915cdf8d83d9 Mike Maas mike.maas@bozemanmt.gov City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signed Using IP Address: 98.127.94.64 Signed using mobile Sent: 6/18/2026 3:42:32 PM Viewed: 6/18/2026 3:53:49 PM Signed: 6/18/2026 3:53:58 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jon Henderson jon.henderson@bozeman.net Assistant City Manager City of Bozeman Security Level: Email, Account Authentication (None) Sent: 6/18/2026 12:57:48 PM Viewed: 6/18/2026 3:43:14 PM Electronic Record and Signature Disclosure: Accepted: 2/4/2026 10:57:30 AM ID: f4b2a38b-ffb2-486e-af4f-e3c76ba69b5e Michelle Chapel michelle.chapel@bozemanmt.gov Records Coordinator City Bozeman Security Level: Email, Account Authentication (None) Sent: 6/18/2026 12:57:49 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/18/2026 12:57:49 PM Certified Delivered Security Checked 6/18/2026 3:53:49 PM Signing Complete Security Checked 6/18/2026 3:53:58 PM Completed Security Checked 6/18/2026 3:53:58 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Bozeman: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: information@bozeman.net To advise City of Bozeman of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at information@bozeman.net and in the body of such request you must state: your Electronic Record and Signature Disclosure created on: 1/16/2026 3:06:06 PM Parties agreed to: Greg Sullivan, Chuck Winn, Jon Henderson previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Bozeman To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to information@bozeman.net and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Bozeman To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to information@bozeman.net and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check- box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of Bozeman as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bozeman during the course of your relationship with City of Bozeman.