HomeMy WebLinkAbout16- 1st Addendum to the Dark Fiber Lease Agreement FIRST ADDENDUM TO
DARK FIBER LEASE AGREEMENT
THIS FIRST ADDENDUM TO THE DARK FIBER LEASE AGREEMENT
("Agreement") is made on `)L&ft_2 8'' 2016 (the "Effective Date"), 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 ("City" or "Lessee") and Bozeman Fiber, a Montana non-profit corporation with
its principal offices located at 2000 Commerce Way, Bozeman, MT ("BFI" or "Lessor"). City
and BFI are at times collectively refer ed to hereinafter as the "Parties" or individually as
"Party."
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 to provide access to dark fiber. Section 7.1 of the
Agreement is replaced in its entirety with the following:
BFI will provide access to dark fiber at initial City and School Locations (as set
forth in Exhibit A) no later than July 31, 2016. For purposes of this Section,
"provide access"means the Acceptance Date pursuant to 4.5. City shall have the
right to terminate the Fiber Lease as to a particular location without penalty if
this contingency is not met. Notwithstanding the foregoing, a failure to meet this
contingency shall not be deemed a material breach of this Agreement, and City
shall have no right in such case to pursue remedies for default described in
Section 8.2.
2. Agreement still valid. All remaining terms and provisions of the Agreement
remain valid.
**X* END OF AGREEMENT EXCEPT FOR SIGNATURES *X
First Addendum to Fiber Lease Agreement
Page 1 of 2
CITY OF OZEMAN: BOZE N B7
By: ` ,!� By:
Chris Kukulski /� �/
Print Ue:—
At-w-icGw
Title: City Manager Title: U"rrS(d e A
Date: 6 Date:
APP TO FORM
By:
re Sullivan, City Attorney
First Addendum to Fiber Lease Agreement
Page 2 of 2
EXHIBIT A
City of Bozeman
1. City Hall 121 N. Rouse Ave
2. Professional Building 20 East Olive St
3. Bozeman Public Library 626 East Main St
4. Law and Justice Center (City) 615 S. 16th Ave (Collapsed Ring)
5. Bridger Park Garage, 26 East Mendenhall Street
6. Fire 3 and 911 1705 Vaquero Pkwy (Collapsed Ring)
Bozeman Public Schools
1. Bozeman High School 205 North 11th Ave
2. Chief Joseph Middle School 4255 Kimberwicke (Collapsed Ring)
3. Sacajawea Middle School 3525 South 3rd Ave. (Collapsed Ring)
4. Emily Dickinson Elementary School 2435 Annie Street
5. Hawthorne Elementary School 114 North Rouse
6. Hyalite Elementary School 3600 West Babcock
7. Irving Elementary School 611 South 8th
8. Longfellow Elementary School 516 South Tracy
9. Meadowlark Elementary School 4415 Durston Road
10.Morning Star Elementary School 830 Arnold Street (Collapsed Ring)
11.Whittier Elementary School 511 North 5th
12.Willson Building 404 West Main Street
First Addendum to Fiber Lease Agreement
Exhibit A