HomeMy WebLinkAbout16- License Agreement - Bozeman Fiber - Use of City ConduitLICENSE AGREEMENT FOR THE USE OF CITY CONDUIT
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THE CITY OF BOZEMAN AND BOZEMAN FIBER
This LICENSE AGREEMENT FOR THE USE OF CITY CONDUIT (this "Agreement")
is made and entered into by and between the City of Bozeman, a self governing municipal
corporation organized and existing under its Charter and laws of the State of Montana with its
principal offices located at 121 North Rouse, Bozeman MT 59771 (the "City") and Bozeman
Fiber, a nonprofit public benefit corporation, with its principal offices located at 2000 Commerce
Way, Bozeman, Montana ("Licensee"). The City and Licensee may hereinafter be referred to
individually as a "Party" or collectively as the "Parties."
RECITALS
A. The City owns certain underground conduit and duct facilities ("City Conduit"),
along with necessary handholes and manholes for access to such facilities, located within the
boundaries of the City and depicted on Exhibit A, attached hereto and incorporated herein by
this reference (the "City Conduit System").
B. The space in the City Conduit exceeds that needed by the City for its broadband
requirements.
C. The City adopted Resolution 4658 on January 11, 2016 establishing policies for
the licensing of City -owned broadband infrastructure.
D. The City desires to permit Licensee to install fiber optic cabling in the City
Conduit within the public rights-of-way, in consideration for the payment and other public
benefit described herein.
E. Licensee desires to use certain space in the City Conduit as described herein.
AGREEMENT
In consideration of the mutual covenants, terms, conditions and obligations contained
herein, and intending to be legally bound hereby, the Parties hereby agree as follows:
1. Incorporation of Recitals. The above recitals are true and correct and are incorporated
herein by this reference as a part of this Agreement.
2. Definitions. As used in this Agreement, the following words and phrases shall have the
meaning given in this Section. When not inconsistent with context, words used in the present
tense include the future tense, words in the plural include the singular, and words in the singular
include the plural. The word "shall" is mandatory and "may" is permissive. Words not defined
in this Section shall be defined as provided for in the Bozeman Municipal Code ("Code") or, if
undefined there, given their common and ordinary meaning.
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A. `Broadband" means Telecommunications in which a wide band of frequencies is
available to transmit information, regardless of whether the transmission is used to provide
Internet access or Internet transport service.
B. "Public Rights -of -Way" means streets, alleys, viaducts, bridges, roads, lanes
sidewalks, public easements, public rights of way, and dedicated easements within the City.
C. "Telecommunications" means the transmission, between or among points
specified by the user, of information of the user's choosing without a change in the form or
content of the information upon receipt. See MCA § 69-3-803 (13).
D. "Licensee Fiber" means the fiber optic cable installed by Licensee in City
Conduit, pursuant to the terms of this Agreement, to be used for delivery of Broadband services.
3. Use of Conduit; Use of Public Rights -of -Way.
A. License for Use of City Conduit. The City hereby grants to Licensee the right to
use, occupy, and access one (1) inner duct in the City Conduit in the segments described in
Exhibit B, attached hereto and incorporated herein by this reference. Subject to the City's
obligations to maintain the City Conduit System, Licensee shall have the exclusive right to use
the specified inner ducts, and the City shall not grant to any third party a right to use the City
Conduit in a manner that may materially affect the scope of the license granted herein.
B. Use of Public Rights -of -Way. The City grants to Licensee the non-exclusive
permission, consistent with all applicable provisions of the Code, to install the Licensee Fiber in
the City Conduit, and in doing so, to make reasonable and lawful use of the Public Rights -of -
Way, to construct, operate, maintain, reconstruct and rebuild a fiber optic network within the
City for the purposes of delivering Broadband Telecommunications as described in this
Agreement, subject to the conditions, terms and provisions contained in this Agreement. Subject
to subparagraph A above, the City reserves the right to grant similar licenses, leases, uses,
permits or any other rights with regard to the Public Rights -of -Way or any other City interest to
any other person. The rights granted under this Agreement are also expressly subject to any
rights granted previously by the City to any person.
C. Assignment and Sublicensing. Licensee shall not assign this Agreement nor
sublicense, pledge or mortgage its interest in the Licensed Conduit or any part thereof without
the express, written consent of the City, which shall not be unreasonably withheld.
Notwithstanding the foregoing, Licensee may allow use of the licensed conduit by Licensee's
subcontractors, operating partners, and service provider customers for the purpose of operating
the network or providing services over Licensee's network. Licensee shall do no act that would
in any way encumber the City's title to the Licensed Conduit nor permit them to become subject
to a lien of any kind.
4. Term; Renewal. The term of this Agreement (the "Term") shall commence upon the
Bozeman City Commission's final approval of this Agreement (the "Effective Date") and shall
terminate at 11:59 p.m. on the day before the tenth anniversary of the Effective Date, unless
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earlier terminated by either Party in accordance with the provisions herein. This Agreement may
be renewed by mutual agreement of the Parties. Licensee shall provide written notice of its
intent to renew to City at least ninety (90) days prior to the termination date of this Agreement.
The License Fee for the renewal term shall be based on an analysis of costs of construction,
maintenance and operation of the City Duct System.
5. Initial License Fee; Fee Adjustment. Upon the execution of this Agreement, Licensee
shall pay to the City a payment equal to $0.75 per linear foot of licensed conduit, which for the
use of the Licensed Conduit equals ten thousand, six hundred and eight dollars and 75 cents
($10,608.75), paid annually in advance. The initial License Fee rate shall be effective for the
first year of the term. After the first anniversary of the Effective Date, the City may increase the
License Fee rate based on an analysis of costs of construction, maintenance, and operation of the
City Duct System as well as then -current market rates for conduit leases or licenses, provided
that after the first year of the term, the increase shall occur no more frequently than once every
two years. Licensee may terminate this Agreement if such a License Fee adjustment results in a
License Fee rate increase of more than 25%.
6. Construction Standards, Inspection, Fiber Installation, Schedule; Testing and
Maintenance; Relocation; Repairs; Access by Licensee.
A. Design and Construction Standards. Licensee shall comply with all of the
construction, restoration, inspection, and maintenance procedures and requirements set forth in
the Code pertaining to the use of and work in the Public Rights -of -Way.
B. MDT Right -of -Way. Certain sections of City Conduit are located within Montana
Department of Transportation (MDT) right-of-way, including City Conduit along Main Street
(N-50), Rouse Avenue (P-86), North 7t" Avenue (N-118), and Interstate I-90. Prior to working
in MDT right-of-way, Licensee will provide City with traffic control plans for approval by MDT.
Licensee will not proceed with such work until it receives confirmation of MDT approval from
City.
C. Inspection of City Conduit System. Prior to installing Licensee Fiber in the
Licensed Conduit, Licensee shall verify certain relevant information provided by the City to
Licensee concerning that portion of the City Conduit System licensed to Licensee, as set forth in
this Section. Licensee will document the condition of the Licensed Conduit in a format
agreeable to both Parties, and provide such documentation to the City. Such documentation shall
include, for each segment in the Licensed Conduit:
(1) the number and diameter of empty Licensed Conduit between the
endpoints;
(2) identification of any empty Licensed Conduit that is not continuous, is
obstructed, or is otherwise not usable;
(3) physical labeling of the identified damaged conduits at the endpoints, if
any;
(4) confirmation that the segment includes locate wire; and
(5) GIS coordinates of all access points.
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If Licensee discovers damage to a segment of the City Conduit System or that there is no
empty conduit in that segment, it shall immediately notify the City of such damage or non-
existence.
Damaged conduit. In the case of damage, Licensee shall install the Licensee Fiber in
undamaged conduit, where possible. If no individual conduit is undamaged in a particular
segment, the Agreement shall be amended to delete that segment and the City shall return to
Licensee, within thirty (30) days of the City's verifying that there is no undamaged conduit in
that segment, $0.75 for each linear foot of missing undamaged conduit. Alternately, at the City's
sole discretion, it may repair or replace, or request that Licensee repair or replace, the damaged
conduit at the City's sole cost and expense.
No empty conduit. In the case that Licensee discovers that there is no empty conduit in a
licensed segment, the Agreement shall be amended to delete that segment and the City shall
return to Licensee, within thirty (30) days of the City's verifying that there is no empty conduit
in that segment, $0.75 for each linear foot of missing empty conduit.
Licensee right to terminate. Licensee may, upon notice in writing to City, terminate this
Agreement upon City's verification there is no undamaged conduit or no empty conduit in a
licensed segment. The City will refund to Licensee any prepaid Licensee Fee within thirty (30)
days.
D. Installation and Availability of Fiber in City Conduit. Licensee shall install the
Licensee Fiber in the Licensed Conduit in accordance with industry standards. Licensee Fiber
must be installed in the Licensed Conduit within four (4) months of the Effective Date of this
Agreement. Licensee Fiber must be available to end user within eight (8) months of the
Effective Date of this Agreement.
E. Maintenance and Repair Responsibilities. The City shall be responsible for the
operation, maintenance and repair of the City Conduit System. Licensee shall be responsible for
the operation, maintenance and repair of the Licensed Fiber.
F. Relocation. In the event the City decides to relocate any segment of the Licensed
Conduit, the costs of such relocation shall be equitably apportioned among all then -current
licensees or lessees of that segment of the City Conduit System. In the event of any relocation
the City agrees to provide Licensee with sixty (60) days notice in writing, unless failure to
relocate poses a threat to health, safety or welfare of the public or individuals, as determined by
the City, in which case the City shall have the right to move the conduit and fiber without such
notice or with a lesser notice, at Licensee's expense, and Licensee shall reimburse the City
within thirty (30) days of its receipt of an invoice for the relocation.
G. Repair of Damages. Licensee agrees to promptly repair all damage caused by
Licensee or its contractors to the City Conduit System or to any existing fiber optic cable owned
by the City, or any other fiber optic cable owner located within the City Conduit System. If such
damage poses a threat to the health, safety or welfare of the public or individuals, the City may
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cause repairs to be made at Licensee's expense and Licensee shall reimburse the City within
thirty days of its receipt of an invoice for the repairs.
H. Access by Licensee. Licensee is granted nonexclusive use of the handholes and
manholes necessary for access to Licensed Conduit, and shall have the right to physically access
the Licensed Conduit on reasonable terms and conditions for the purposes set forth herein.
Licensee shall notify the City before performing any such work. Any and all work with respect
to the Licensed Conduit shall be performed solely by Licensee or its contractors or
subcontractors.
7. Compliance with Laws. Licensee shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances, rules and regulations including, but not
limited to, all workers' compensation laws, all environmental laws including, but not limited to,
the generation and disposal of hazardous waste, the Occupational Safety and Health Act
(OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter
71, MCA, all applicable City, County, and State building and electrical codes, the Americans
with Disabilities Act, and all nondiscrimination, affirmative action, and utilization of minority
and small business statutes and regulations. Licensee shall provide all notices, and shall obtain
all necessary permits, licenses (including a City of Bozeman business license if applicable), and
inspections from applicable governmental authorities, and pay all fees and charges in connection
therewith.
8. Notice. All notices required to be made under this Agreement shall be in writing and
shall be delivered by certified mail return receipt requested or by overnight delivery that is
capable of providing proof of delivery. Any such notice shall be deemed effective on the date of
mailing. All notices shall be addressed to the Parties as specified below:
If to City: City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
Attention: Economic Development
With a copy to: Office of the City Attorney
PO Box 1230
Bozeman, MT 59771-1230
Attention: City Attorney
If to Licensee: Bozeman Fiber
2000 Commerce Way
Bozeman, MT 59715
Attention: Anthony Cochenour, President
9. Utility Notification Center and Line Location. Licensee shall register with, and
coordinate its activities with, the Montana Utility Notification Center and any successor
organization coordinating location of utility lines. The Parties agree to respond promptly and
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appropriately to all line location requests from the public or from other utilities, whether or not
such requests are made through the Utility Notification Center.
10. Removal/Ownership of Facilities. Upon the termination for any reason or non -renewal
of this Agreement, Licensee shall either within ninety (90) days remove all facilities owned by
Licensee within the City Conduit System, at Licensee's sole cost and expense, or abandon the
facilities in place; provided however, that the City retains sole discretion to determine if facilities
must be removed. All facilities not removed ninety (90) days after termination or non -renewal of
this Agreement will be considered abandoned in place and shall become the property of the City.
11. Termination.
A. Material Breach. If either Party defaults in the performance of any material term
of this Agreement and does not substantially cure such default within thirty (30) days after
receiving written notice of such default, then the non -defaulting Party may terminate this
Agreement by providing ten (10) days prior written notice of termination to the defaulting Party.
B. Bankrubtcv or Insolvencv.
(1) Either Party may terminate this Agreement effective upon written notice
stating its intention to terminate in the event the other Party: (a) makes a general
assignment of all or substantially all of its assets for the benefit of its creditors; (b)
applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian,
or liquidator for its business or all or substantially all of its assets; (c) files, or consents to
or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or
insolvency laws; or (d) files a petition seeking relief or reorganization under any
bankruptcy or insolvency laws is filed against that other Party and is not dismissed within
sixty (60) days after it was filed.
(2) It is the intention of both patties that in the event either Party becomes a
debtor in any bankruptcy proceeding, the lease is treated as an unexpired lease of
personal property under Section 365 of the Bankruptcy Code, 11 U.S.C. 365 (as may be
amended), and, accordingly, shall be subject to the provisions of subsections (d)(5),
(e)(2), (f) and (g) of said Section 365.
(3) If Licensee's rights under this Agreement are assigned pursuant to the
bankruptcy code, the assignee shall be deemed without further act to have assumed all of
the obligations of Licensee arising under this Agreement both before and after date of the
assignment.
(4) If requested by the City, an assignee shall execute an instrument
confirming such assumption.
(5) Any sums payable in connection with an assignment shall be paid to the
City, and shall not constitute property of Licensee or of the estate of Licensee within the
meaning of the Bankruptcy Code.
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12. Indemnification. Licensee shall indemnify, defend and hold harmless the City, its
directors, officers, employees, and agents and the heirs, executors, successors, and permitted
assigns of any of the foregoing (the "City Indemnitees") from and against all losses, claims,
obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities,
expenses and costs (including reasonable fees and disbursements of legal counsel and
accountants), bodily and other personal injuries, damage to tangible property, and other damages,
of any kind or nature, suffered or incurred by a City Indemnitee directly or indirectly arising
from or related to: (1) any negligent or intentional act or omission by Licensee or its
representatives in the performance of Licensee's obligations under this Agreement, or (2) any
material breach in a representation, warranty, covenant or obligation of Licensee contained in
this Agreement.
13. Insurance Requirements.
A. Limits. Licensee agrees to procure and maintain in force during the terms of this
Agreement, at its own cost, the following minimum coverages:
(1) Workers' Compensation: Statutory
(2) Employer's Liability: $1,000,000 per occurrence; $2,000,000 annual
aggregate
(3) Commercial General Liability: $1,000,000 per occurrence; $2,000,000
annual aggregate
(4) Automobile Liability: $1,000,000 property damage/bodily injury;
$2,000,000 annual aggregate.
(5) Excess/Umbrella Liability: $2,000,000
The Commercial General Liability policy shall be on an Occurrence Form and
include the following coverages:
Premises Operations; Personal and Advertising Injury; Liability assumed under an
Insured Contract; Independent Contractors; and Broad Form Property Damage.
Coverage provided should be at least as broad as found in Insurance Services
Office (ISO) form CG0001.
The policy shall include Additional Insured -Owners, Lessees or Contractors
Endorsement for completed operations, ISCO CG 2037 form or equivalent.
B. Coverage. The insurance required by this Agreement shall provide coverage for
the indemnity obligations assumed by Licensee in Section 12. Insurance required by this
Agreement shall be primary coverage, unless otherwise specified, and shall specify that in the
event of payment for any loss under the coverage provided, the insurance company shall have no
right of recovery against the City or its insurers. All policies of insurance under this Agreement
shall be provided by a reputable insurance company or companies qualified to conduct business
in Montana. The City reserves the right, but shall not have the duty, to reject any insurer which it
finds to be unsatisfactory and insist that Licensee substitute another insurer that is reasonably
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satisfactory to the City. Property and Liability Insurance Companies shall be licensed to do
business in Montana and shall have an A.M. Best rating of not less than A- VI. This insurance
shall be maintained in full force and effect during the term of this Agreement and for the
additional periods set forth herein and shall protect Licensee, its agents, employees and
representatives, from claims for damages for personal injury and wrongful death and for
damages to property arising in any manner from negligent or wrongful acts or omissions of
Licensee, its agents, employees, and representatives in the performance of the Services covered
herein.
C. Additional Insureds. The Commercial General Liability and Automobile Liability
insurance policies shall include the City and its elected officials and employees as additional
insureds as their interests may appear. The additional insured endorsement should be at least as
broad as ISO form CG2010 for General Liability coverage and similar forms for Commercial
Auto and Umbrella Liability.
D. Notice of Cancellation. Each insurance policy required by the insurance
provisions of this Agreement shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty (30) days prior written notice has been given to the City,
except when cancellation is for non-payment of premium, then ten (10) days prior notice may be
given. Such notice shall be sent directly to the City. If any insurance company refuses to provide
the required notices, Licensee or its insurance broker shall notify the City of any cancellation,
suspension, or non -renewal of any insurance policy within seven (7) days of receipt of insurers'
notification to that effect.
E. Certificates. Certificates showing that the Licensee is carrying the above-
described insurance, and the status of the additional insureds, shall be furnished to the City prior
to the execution of this Agreement by the City. Licensee, or Licensee's insurance broker, shall
notify the City of any cancellation or reduction in coverage or limits of any insurance within
seven (7) days of receipt of insurer's notification to that effect. Licensee shall forthwith obtain
and submit proof of substitute insurance in the event of expiration or cancellation of coverage.
14. Representations and Warranties. Each Party represents and warrants that:
A. It has full right and authority, including any requisite corporate authority, to
perform its respective obligations under this Agreement;
B. The execution of this Agreement will not violate its charter, articles of
incorporation, by-laws or any law, regulation or agreement by which it is bound or to which it is
subject;
C. No litigation or governmental proceeding is pending or threatened in writing
which might have a material adverse effect on this Agreement, the transaction contemplated by
this Agreement or the rights of the Parties hereunder.
15. Miscellaneous Provisions.
Page 8
A. Rules of Construction. The captions or headings in this Agreement are strictly for
convenience and shall not be considered in interpreting this Agreement or as amplifying or
limiting any of its content. Words in this Agreement which import the singular connotation shall
be interpreted as plural, and words which import the plural connotation shall be interpreted as
singular, as the identity of the Parties or objects referred to may require. Unless otherwise
expressly provided herein, any agreement, instrument or statute defined or referred to herein or
in any agreement or instrument that is referred to herein means such agreement, instrument or
statute as from time to time amended, modified or supplemented, including (in the case of
agreements or instruments) by waiver or consent and (in the case of statutes) by succession of
comparable successor statutes and references to all attachments thereto and instruments
incorporated therein.
B. Joint Work Product. This Agreement is the joint work product of both Parties
hereto, accordingly, in the event of ambiguity no presumption shall be imposed against any Party
by reason of document preparation.
C. Scope of Agreement. If the scope of any provision of this Agreement is too broad
in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be
enforced to the maximum extent permitted by law, and the Parties consent to and agree that such
scope may be judicially modified accordingly and that the whole of such provision of this
Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to
the extent necessary to conform to law.
D. Time of Performance. Time is expressly made of the essence with respect to each
and every term and provision of this Agreement.
E. Force Majeure. Neither Party shall be in default by reason of any failure or delay
in performance of this Agreement of its terms and conditions, or one or more of its obligations
hereunder, and such excused Party's performance of such obligation or obligations shall be
excused and extended for and during the period of any such delay if such failure arises out of
causes beyond the reasonable control of the non-performing Party including, but not restricted to,
acts of God or nature, including an earthquake, flood or tornado; acts of governmental authority,
government codes, ordinances, actions, laws, rules, regulations or restrictions; insurrections, war
or civil disorder; fires, floods, accidents; epidemics, quarantines; restrictions; strikes or other
labor disputes (other than such excused Party's employees); lack of or delay in transportation,
freight embargoes, inability to secure raw materials or transportation facilities; acts of omissions
of other entities or any and all other causes beyond such Party's reasonable control. Such Party
shall notify the other Party in writing of the existence of the event relied on and the cessation or
termination of said event of Force Majeure and such Party shall exercise commercially
reasonable efforts to minimize the time of any such delay. If an event of Force Majeure
continues for more than ninety (90) days, and if the non -affected Party cannot (i) resolve the
matter within such time period or (ii) provide the affected Party with an alternative solution to
such matter within the same time period, such alternative solution to be substantially similar in
effect to the matter affected by the Force Majeure, the affected Party has the right to terminate
this Agreement.
Page 9
F. Amendment. No amendments, changes or modifications to this Agreement shall
be valid except if the same are in writing and signed by a duly authorized representative of each
of the Parties.
G. Assignment. Neither Party shall assign any of its rights hereunder without the
prior written consent of the other Party. This Agreement shall be binding upon and inure to the
benefit of the heirs, successors and assigns of the Parties.
H. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of
the Parties and shall not confer any rights upon any person or entity not a party to this
Agreement.
I. Waiver. The failure of either Party at any time to require performance by the other
Party of any provision of this Agreement shall not affect in any way the full right to require such
performance at any subsequent time; nor shall the waiver by either Party of a breach of any
provision of this Agreement be taken or held to be a waiver of the provision itself.
J. Attorneys' Fees and Costs. In the event it becomes necessary for either Party to
this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement,
then the prevailing Party shall be entitled to reasonable attorneys' fees and costs, including fees,
salary, and costs of in-house counsel to include the City Attorney.
K. Dispute Resolution.
a. 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.
b. If the Parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
L. Applicable Law; Venue. This Agreement shall be construed in accordance with
the Laws of the State of Montana. Any action or proceeding brought to interpret or enforce the
provisions of this Agreement shall be brought before the state or federal court situated in Gallatin
County, Montana and each Party consents to jurisdiction and venue before such courts.
M. Limitation on Liability. It is specifically understood and agreed that nothing
in this License shall be construed as an express or implied waiver by the City of its
governmental immunity or of the implied acceptance by the City of liabilities arising as a
result of actions which lie in tort or could lie in tort in excess of the liabilities allowable
pursuant to MCA Sections 2-9-101, et seq.
Page 10
N. Nondiscrimination. Licensee agrees that all hiring by Licensee of persons
performing under this Agreement will be on the basis of merit and qualifications. Licensee will
have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti -discrimination laws, regulations, and contracts. Licensee will not 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 will require these nondiscrimination terms of its subcontractors performing
Licensee's obligations under this Agreement.
O. Survival. Any and all provisions of this Agreement which, by their nature, would
reasonably be expected to be complied with or performed after the expiration or termination of
this Agreement, including the removal of equipment obligations set forth in Section 8 hereof,
shall survive and be enforceable after the expiration or termination of this Agreement.
P. Entire Agreement. This Agreement, including any Exhibits, contains the entire
agreement between the Parties and supersedes all prior and contemporaneous communications,
understandings and agreements with respect to the subject matter hereof, whether written or oral,
expressed or implied. No other agreement, statement, promise, or practice between the Parties
relating to the Agreement shall be binding upon the Parties.
Q. Counterparts. This Agreement may be executed in counterparts, each of which
when executed and delivered shall be an original, but all of which shall constitute one and the
same instrument. Facsimile signatures and scanned and emailed signatures shall be treated as
originals.
[Signature page follows]
Page 11
IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and
conditions of this Agreement, the duly authorized representatives of the Parties have executed
this Agreement as of the Effective Date.
STATE OF MONTANA
COUNTY OF GALLATIN
BOZEMAN FIBER
By: 0�9
Title: U Al 4t��,> roc •��,�
ss.
The foregoing instrument was acknowledged before me, a notary public, this 213 day of
-XVIe , 2016, by ,Ay ,. r•H hoc Vw-r-%our- as firesi"n-- of
Bozeman Fiber.
Witness my hand and official seal.
My commission expires:
>�
PEARL MICHALSUN
iaicHy
Notary Public
Q`�PNotnn�gt ° = for the State of Montana
_ — -
-*'.SEAL-'*--
Rcsiding at:
Bozeman, Montana
9�OF
My Commission Expires:
MOP'
f
March 10, 2020
ATTEST:77
_ ti
■
Robin Crough, City fl . ° • °�1Jc
TO FORM:
City Attorney
Page 12
Notary Public
CITY OF BOZEMAN
By: C"- k
Chris Kukulski, City Manager
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EXHIBIT A
City Conduit System
The City Conduit System consists of:
North 7th Avenue segment: 9988 linear feet, with one 7 -way conduit.
Downtown segment: 9232 linear feet with one 7 -way conduit
Montana Avenue segment: 2654 linear feet with three 1.25 -inch diameter conduits.
[MAP OF CITY CONDUIT SYSTEM]
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DOWNTOWN & N. 7TH -OVERALL CONDUIT PLAN
EXHIBIT B
Licensed Segments of City Conduit System
North 7th Avenue segment: The North 7`}' TIF Conduit initiates at the NE corner of N 5d' Avenue and the
alley between Main and W Mendenhall Street
1. North 193' to the NE corner of N 50' Avenue and W Mendenhall
2. West 39' to the west side of N 50' Avenue
3. North 936' to the SW corner of N 5`h Avenue and W Villard Street
4. West 422' on the south side of W Villard Street
5. North 546' on the west side of the alley to W Short Street
6. East 166' to the east side of N 60' Avenue
7. North 355' to the SE corner of N 6'h Avenue and W Peach Street
8. East 237' to the SW corner of N 50' Avenue and W Peach Street
9. South 271' on the west side of N 5h Avenue
10. 432' west from the SE corner of N 6th Avenue and W Peach Street to the NW corner of N 7th
Avenue and Durston
Total Distance in the North 7th TIF Conduit = 3597'
Downtown segment: The Downtown TIF Conduit initiates at the NE corner of N 5`h Avenue and the alley
between Main and W Mendenhall Street
1. East 100' on the north side of the alley
2. From the initiation 589' south on the east side of N 5`h Avenue to the south side of W Babcock
Street
3. East 1342' to the SE corner of S Wilson Avenue and W Babcock Street
4. North 195' on the east side of S Wilson Avenue
5. From maintenance hole behind City Hall (SW corner of N Montana Avenue and E Lamme Street)
east 752' to the SE corner of N Church Avenue and E Lamme Street
6. South 1855'to the SE corner of S Church Avenue and E Curtiss Street
7. East 213' to the SW corner of E Curtiss Street and the alley between S Church Avenue and S
Wallace Avenue
8. From the SE corner of N Rouse Avenue and E Mendenhall Street east 1532' to the SW corner of
N Broadway Avenue and E Mendenhall Street
9. From the Alley between E Mendenhall Street and E Main Street east of N Wallace Avenue south
296' to the south side of Main Street
10. East 165' to the property boundary
11. South 476' to the library
12. From the SE corner of N Tracy Avenue and the alley between E Mendenhall Street and E Main
Street north 388' to the SE corner of N Tracy Avenue and the alley between E Lamme Street and
E Mendenhall Street
Total Distance in the Downtown TIF Conduit = 7894'
North Montana Avenue segment: 2654' of conventional conduit on North Montana Avenue from City
Hall north to the Emergency Operations Center