HomeMy WebLinkAbout16- Addendum 1 to License Agreement - Bozeman Fiber - Use of City ConduitFIRST ADDENDUM TO LICENSE AGREEMENT FOR THE USE OF CITY CONDUIT
between
THE CITY OF BOZEMAN AND BOZEMAN FIBER
This FIRST ADDENDUM to the LICENSE AGREEMENT FOR THE USE OF CITY
CONDUIT dated June 20, 2016 ("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."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Initial License Fee; Fee Adjustment. Section 5 of the Agreement is replaced its
entirety with: 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 twelve thousand one hundred and sixty eight dollars
($12,168.00), 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 the 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%.
2. Replacement of Exhibit B. Exhibit B to the Agreement is replaced with the Exhibit
B attached to this First Addendum.
3. Utility Notification Center and Line Location. Section 9 of the Agreement is
replaced in its entirety with: Licensee shall register with, and coordinate its activities
with, the Montana Utility Notification Center and any successor organization
coordinating location of utility lines. Lessee will be responsible for all locates of the
City Conduit System occupied by Lessee. Lessee agrees to respond promptly and
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. In any
event, the City is not responsible for any damage to fiber assets in Licensed Conduit
resulting from a failure by the Lessee to accurately locate its fiber assets in the City
Conduit.
4. Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
Page 1
IN WITNESS WHEREOF, the duly authorized representatives of the Parties have
executed this Agreement as of the Effective Date of the Agreement.
STATE OF MONTANA
COUNTY OF GALLATIN
BOZEMAN FIBER
By:
Title:
ss.
The foregoing instrument was acknowledged before me, a notary public, this 2N day of of
(�obc..( ,2016,by r,4F, �ocM.�no.�� as Pree.f
s(cL.A-
Bozeman Fiber.
Witness my hand and official seal.
My commission expires:
vQsMICHq�S
----------------------------
PEARL MCP
'Q NoTARjq4'7
bLSON
Notary
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= for
the State of Montana
9. SEAL.,,
Rcsiding at:
Bozeman, Montana
OFP;
My Commission Expires:
.M. ``
March 10, 2020
ATTEST:00
�� ■ . j Lam`_ �� ■ �
City Clerk
APPROVED AS TO FORM:
City rney
Notary Public
CITY OF BOZEMAN
By: ( \
City Manager
Page 2
Downtown TIF (Orange Tube)
The Downtown TIF Conduit initiates at the NE corner of N 5th 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 5th Avenue to the south side of W
Babcock Street
3. East 203' along W Babcock Street
4. From MHD103+88 on the SE corner of N Tracy Avenue and the Alley between E Lamme
Street and E Mendenhall Street 177' to the SE corner corner of N Tracy and E Lamme
Street
5. East 1010' to MHD115+75 (at City Hall).
Total Distance in the Downtown TIF Conduit = 9973'
2654' of conventional conduit on North Montana Avenue from City Hall north to the EOC
Exhibit B Page 2
EXHIBIT B
Licensed Segments of City Conduit System
North 7th TIF (Blue Tube)
The North 7th TIF Conduit initiates at the NE corner of N 5th Avenue and the Alley between Main
and W Mendenhall Street
1. North 193' to the NE corner of N 5th Avenue and W Mendenhall
2. West 39' to the west side of N 5th Avenue
3. North 936' to the SW corner of N 5th Avenue and W Villard Street
4. West 422' on the south side of W Villard Street
5. North 546' on the wast side of the Alley to W Short Street
6. East 166' to the east side of N 6th Avenue
7. North 355' to the SE corner of N 6th Avenue and W Peach Street
8. East 237' tot he SW corner of N 5th Avenue and W Peach Street
9. South 271' on the west side of N 5th 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 TIF (Blue Tube)
The Downtown TIF Conduit initiates at the NE corner of N 5th 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 5th 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' tot he 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 boundry
11. South 476' to the library
12. From MHD 103+88 on the SE corner of N Tracy Avenue and the Alley between E Lamme
Street and E Mendenhall Street 177' to the SE corner corner of N Tracy and E Lamme
Street
13. East 1010' to MHD115+75 (at City Hall).
Exhibit B Page 1