HomeMy WebLinkAbout21- Phillips 66 - Construction Access Agreement for Griffin Drive Multi-use PathPage 1 of 3
September 17, 2021
Phillips 66 Company
c/o Derek Lilleberg
2626 Lillian Avenue
Billings, MT 59101
Reference: Griffin Drive Improvement Project (“Project”) – Construction Access Agreement
for Parcel 18
The City of Bozeman (“City”) will be reconstructing West Griffin Drive and installing a new
multi-use path adjacent to the road in the area of Phillips 66 Company’s (“Phillips 66”) property.
The path will be located within the existing public right-of-way; however, construction may
require light traffic on Phillips 66’s property that is immediately adjacent to the road to set and
remove forms, reconnect driveways and sidewalks/paths, finish etc. Additionally, a portion of the
existing fence adjacent to the eastern driveway approach will be relocated as highlighted in blue
on the attached figure with the City to cover the expense of the fencing relocation. A plan of the
improvements, property detail, and Temporary Construction Area is included in Figure 1
(attached).
It is further agreed that the City will reimburse Phillips 66 in full for the actual costs incurred by
Phillips 66 for the onsite security contractor needed as a result of the Entrance and Exit Gate
closures related to CK May’s construction activity. These security costs will be compiled by
Phillips 66 and invoiced to the City upon completion of Entrance and Exit Gate closures,
accompanied by a copy of the security contractor invoices received by Phillips 66, and the City
agrees to pay the invoiced amount within thirty (30) days of its receipt of the invoice.
The City requests your cooperation in this effort by granting permission for its contractor,
Sanderson Stewart, to enter upon Phillips 66’s property that is immediately adjacent to the road
where necessary to complete the work required to provide this facility. If you agree for the path to
be constructed, please sign the following statement and return a copy to my office.
The new road and path will be an asset to Phillips 66’s property and the community, and Phillips
66’s cooperation is appreciated. If you have any questions or would like to discuss these
documents in more detail, please feel free to contact me via email (tgaddo@sandersonstewart.com)
or phone 406/922-4304.
Sincerely,
Tony Gaddo, PE, REALTOR
Senior Engineer/Realtor
DocuSign Envelope ID: 48328ED8-6D4D-4955-B684-DC92D9E015D2
Page 2 of 3
Phillips 66 hereby grants permission to the City and its respective contractors to enter upon
Phillips 66’s property that is as described above, for the sole purpose of constructing (or
reconstructing) the Project improvements. The multi-use path will be located upon the existing
public right-of-way and the permission granted herein will terminate upon completion of the
Project. Upon completion of the Project for which the access is hereby provided, the City agrees
that it shall promptly restore Phillips 66’s property as near as possible to the original condition,
and agrees to indemnify and hold Phillips 66 harmless from any and all liability that may result or
arise from the exercise of the rights herein granted. In addition, the City agrees to reimburse
Phillips 66 for the costs that are described above.
Phillips 66 Company
__________________________ Date _____________________
Name:
Title:
City of Bozeman
__________________________ Date: _____________________
Name:
Title:
DocuSign Envelope ID: 48328ED8-6D4D-4955-B684-DC92D9E015D2
City Manager
9/29/2021
Jeff Mihelich
9/30/2021
Edmund Brooks
Attorney-in-Fact
NW
CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
DocuSign Envelope ID: 48328ED8-6D4D-4955-B684-DC92D9E015D2