HomeMy WebLinkAbout20- Amendment 1 to Dark Fiber Lease Agreement - Bozeman Fiber AMENDMENT#1 TO DARK FIBER LEASE AGREEMENT BETWEEN THE
CITY OF BOZEMAN AND BOZEMAN FIBER
This Amendment#1 to the Dark Fiber Lease Agreement dated February 8, 2016("Agreement") is made
and entered into by and between the City of Bozeman, Montana, a self-governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street,
Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to
as "City," and Bozeman Fiber, a Montana nonprofit corporation with its principal offices located at 2000
Commerce Way, Bozeman, MT("BFI"). City and BFI are collectively referred to as the "Parties."
In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency
whereof is hereby acknowledged, the Parties agree to amend the Agreement as follows.
RECITALS
1. Bozeman Fiber(BFI), in accordance with the Bozeman Fiber Master Plan and Feasibility Study, is
developing a community fiber optic network, in which BFI will be able to make available
unactivated ("dark") fiber optic network strands for use and benefit of others.
2. The City has received dark fiber services under the February 8, 2016 Agreement, and made
annual payment in advance to BFI under Section 4.3.1, Lease Fee on July 15Y of each year since
2016. The City's annual payment is for 7 strands of dark fiber,totaling$46,704.
3. In exchange for a 5% prepayment discount, Bozeman Fiber has requested that 40%of the City's
annual payment due on July 1, 2020 be paid to BFI by March 8,2020. The amount to be prepaid
is$18,685, less prepayment discount of$934.25, totaling$17,750.75. The payment would be
approximately 120 days in advance of the stated contract due date. The remainder amount of
$28,020 for the year would be paid to BFI on July 1, 2020.
4. Bozeman Fiber has requested that any advance payments received by the City under the
Interlocal Agreement with Bozeman School District#7 for dark fiber services, dated August 24,
2015, also be paid to BFI upon receipt.
NOW, THEREFORE, the Parties agree:
Amendment#1 to Dark Fiber Lease Agreement
1. The City of Bozeman shall advance to Bozeman Fiber(BFI) 40%of the City's annual payment due
on July 1, 2020 be paid on March 1,2020. After prepayment discount of 5%,this amounts to
$17.750.75 being paid approximately 120 days in advance of the stated contract due date. The
remainder amount of$28,022 for the year will be paid to BFI on July 1, 2020.
2. The City of Bozeman shall immediately forward any advance payments it may receive prior to
July 1, 2020 under the Interlocal Agreement with Bozeman School District#7 for dark fiber
services, dated August 24, 2015, to BFI.
3. No other sections or provisions of the Dark Fiber Lease Agreement signed on February 8, 2016,
are modified by this Amendment. All remaining terms and provisions of the Agreement remain
valid.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the�/�day of ,
2020.
CITY OF BOZEMAN BOZEMAN FIBER, INC
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ByLL By
Dennis Taylor, Interim ty Manager Print Name: 4 a—
Title: L(,
APPROV D AS TO FORM
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By
Greg Sullivan, Bozeman City Attorney
Amendment#1 to Dark Fiber Lease Agreement