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Home My WebLink About16- Memorandum of Understanding - 777 Building LLC - Broadband ImprovementsMOU between The City of Bozeman and 777 Building, LLC. CITY OF BOZEMAN Economic Development Department MEMORANDUM OF UNDERSTANDING PROJECT NAME: BROADBAND IMPROVEMENTS MEMORANDUM OF UNDERSTANDING Between and Among 777 BUILDING LLC AND THE CITY OF BOZEMAN This Memorandum of Understanding (MOU) is hereby made and entered into by, between, and among 777 Building, LLC., and the City of Bozeman. A. BACKGROUND This Memorandum of Understanding is being generated as a result of planning and design that is being, and has been, carried out in the City of Bozeman, Montana, to construct and install broadband conduits, equipment and appurtenances in, through and across certain properties in Bozeman, Montana. B. PURPOSE The purpose of this MOU is to document the project roles and responsibilities of each of the aforementioned parties. This document will formally outline which party will be responsible of various aspects of the project including construction efforts, oversight, maintenance, funding, and impacts to private property features. C. DETAILED PROJECT INFORMATION Costs This project is being funded through the Downtown Bozeman Improvement District — Tax Increment Finance District Board (IDB -TIF) tax increment fund (TIF). Except as provided, all related project improvements, including the relocation of private property (where applicable), will be covered by the project funding. The TIF that is paying for the project improvements is collected via taxes on properties included within the IDB -TIF. Improvements A new multi -duct conduit drop will be installed into the 777 E Main Building. The service drop into the building will consist of an 18" long x 12" wide x 24" deep pedestrian -rated pull box located in the sidewalk 6' from the laminated utility pole at the northeast corner of Lot 2, Block D of the Northern Pacific Addition. A Duraline FuturePath 7 -way conduit, capable of providing seven individual service providers to the 777 property will be run below the sidewalk to a 36"x24"x24" deep pull box in the sidewalk in line with the north wall of the 777 building. From Page 1 of 3 MOU between The City of Bozeman and 777 Building, LLC. this second pull box an additional FuturePath 7 -way conduit will be run into the northeast corner of the basement of the 777 building. This 7 -way conduit will be run through a 4" PVC conduit connecting the 36x24x24 pull box to the basement. The 4" PVC conduit will be sloped up from the pull box to the building and sealed at both ends to prevent water infiltration into the basement. This corner is the location of existing service provider building entrances. Broadband Utility Easement To allow access across the 777 E Main Building property, a new Broadband Utility Easement is required, as shown on the attached Exhibit. WORK ASSIGNMENT: PART A — THE CITY OF BOZEMAN WORK TO BE PERFORMED BY THE CITY OR ITS CONTRACTOR AT THE CITY'S EXPENSE: 1. Except as otherwise provided herein, furnish all plans, engineering, supervision, labor, material, supplies and equipment necessary for construction of the project, complete in all details. 2. The City of Bozeman agrees to complete the project improvements as detailed in this agreement, and the construction plans PART B — 777 BUILDING LLC. ASSIGNMENTS TO BE PERFORMED BY 777 BUILDING LLC. 1. 777 Building LLC. agrees to provide the Broadband Utility Easement for the parcel as shown on the attached Exhibit. PART C- IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU is effective ",-J-yta. 20 , 20_1_� . This MOU may be amended upon written request of either the two parties a part of this MOU and the subsequent written concurrence of the two parties. 2. PRINCIPAL CONTACTS. The principal contacts for this instrument are: City of Bozeman 777 Building LLC. 121 N Rouse 101 East Main St. P.O. Box 1230 Bozeman, MT 59715 Bozeman, MT 59771-1230 Phone: (406) 586-8692 Phone: (406) 582-2321 Page 2 of 3 MOU between The City of Bozeman and 777 Building, LLC. 3. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of their respective party are authorized to act in their respective areas for matters related to this agreement. THE PARTIES HERETO have executed this instrument. CITY OF BOZEMAN C -" By: Ck F;5 �,IS Title:C 1 o�►1ct Circ ATTEST: ®�•80,� . .,k Title: Le vk- , . -� •. 183 l f1 °cC) 'N"1- _ 777 B By: Attach Exhibits Date: 6 Date: (Q -Z6- l to Date: 6 / 26 % l C� Page 3 of 3 EXHIBIT __ 10' WIDE MULTI -CHANNEL CONDUIT EASEMENT ACROSS A PORTION OF LOTS 4 & 5, IN BLOCK D OF THE ROUSE ADDITION TO BOZEMAN. LOCATED IN THE NE1/4 SEC. 7, T2S, R6E, P.M.M., GALLATIN COUNTY, MONTANA. 20 jYIDE ALLEY POINT OF BEGINNING 5.ao' S,Oa' EAST— PLATTE[) L07 I I I LINE TYP. of to I I I NIII� I I LOT 8 1 LOT 7 I LOT 6 1 LOT 51 l i LOT 4 LOT 3 1 BLOCK D z� II I N NE�V 10' M11EIVIENT I-CHATNEL-moi CONE I 0 50' I � -- WEST 10.00/ S C A L E MAIN STREET LEGAL DESCRIPTION A strip of land 10 feet in width centered on the North—South property line between Lots 4 and 5 in Block D, of the Rouse Addition to Bozeman, said tract being in the Northeast Quarter of Section 7, in Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin County and said strip of land being further described as follows: Beginning at the northwest corner of said Lot 4 in Block D of Rouse Addition to Bozeman, thence east on the south line of the alley, a distance of 5.00 feet; thence south on a line parallel to the west line of said Lot 4, a distance 150.00 feet to the north right of way line of Main Street; thence west on the north right of way line of Main Street, a distance of 10.00 feet; thence north on a line parallel to the east line of Lot 5, a distance of 150.00 feet to the south line of the alley; thence east on the south line of the alley, a distance of 5.00 feet to the Point of Beginning. The described Multi—Channel Conduit Easement contains 1,500 square feet more or less SURVEYOR CERTIFICATE I, Steven C. Anderson, do hereby certify that this exhibit is based on record dimensions, and that the information shown' hereon is true and correct to the best of my knowledge. No field measurements were taken._�Jo'r t� `l Dated this U_ day of ___ �_`�______, 20-66 `- `d N ISE R3 U N/ Steven C. Anderson, PLS Montano License No. 12251 LS 1 ALLEY MONTANA ALE WORKS 167' FROM BUILDING MH E0+00 RAILROAD UTILITY POLE #A0936309 10' UTILITY EASEMENT ARKING LOT TA El +00 9' FROM BUILDING 777 BUILDING -�- STA E2+00 o 0 MH E2+96 ¢ STA E3+00 3 3 3 MH E4+61 STA E5 +00 3 3 ' • 3 I BOZEMAN PUBLIC LIBRARY _ STA6+00 1 DELANEY EXHIBIT ACCESS CONSULTING, PC JG DATE: 06/09/16 265 W. FRONT ST. 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