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Home My WebLink About21- Right of Entry - Exxon Mobil Corporation - Terminal Fee Property at Griffin DriveExxonMobil Pipeline Company Harry Janke 22777 Springwoods Village Parkway Vice President Spring, Texas 77389 Business Development & Joint Interest (832) 624-7903 Telephone (281) 753-8606 Mobile harry.janke@exxonmobil.com September 13, 2021 Mr. Taylor Lonsdale Engineer City of Bozeman 20 E Olive St # 202 Bozeman, MT 59715 RE: Letter Agreement for Right of Entry to conduct road construction activities to tie-in to Exxon Mobil Corporation’s existing approach at Griffin Drive and perform grading work on the north side of Exxon Mobil Corporation’s Terminal Fee Property, being a tract of land, known as Tract C-1 (Remainder), C.O.S. 205, located in the NW1/4, Section 6, Township 2 South, Range 6 East, M.P.M., containing 13 acres more or less, situated in Gallatin County, Montana Dear Mr. Lonsdale: This letter is in response to a request from the City of Bozeman (“COB”), for Right of Entry to the above referenced Exxon Mobil Corporation (“EMC”) property, for the purpose of conducting road construction activities to tie-in to EMC’s existing approach at Griffin Drive and perform grading work on the north side of EMC’s Terminal Fee Property (the “Work”). Please be advised that EMC does grant said request, pursuant to the following terms and conditions: 1. The term of this Letter Agreement shall be for a maximum of 90 days, commencing September 1, 2021, unless subsequently amended in writing by mutual agreement of EMC and COB. 2. COB’s vehicular access to, from and across EMC’s property shall be limited to the “Temporary Construction Area” identified in the attached Figure 1. COB, its subsidiaries, affiliates, contractors and agents shall give 24-hour written notification via email to EMC’s Bry Allen prior to entering the property for activities that will not restrict traffic or block access to EMC’s property. 3. COB, its subsidiaries, affiliates, contractors, and agents agree to notify via email to EMC’s Bry Allen of its work schedule and confine its work to those hours. Any night or weekend access will require EMC’s prior consent. 4. COB, its employees, contractors and agents shall not store hazardous materials of any nature upon EMPCo’s property. Additionally, COB shall not permit equipment maintenance of any kind to be performed upon EMC’s property. 5. Upon completion of the COB project improvements for which access is hereby provided, COB shall restore the property as nearly as possible to its original condition, including repairing damage to EMC’s approach and road pavement at the COB’s expense. COB shall be responsible for removing existing fencing located in the right-of-way for Griffin Drive as identified in the attached Figure 1 (the “Relocated Fence”). COB shall be responsible for installing and maintaining temporary chain-link fencing in location and in detail as agreed to by both parties until the permanent fence is installed. COB and EMC shall mutually agree upon the temporary fencing details to be installed prior to the Relocated Fence removal. Once the Work is complete, COB shall remove the temporary fencing and EMC shall install permanent fencing outside the right-of-way for Griffin Drive. 6. COB, its employees, contractors and agents shall at all times conduct its activities in a safe, responsible manner while upon EMC’s property, complying with all applicable local, state and federal laws. 7. COB, its employees, contractors and agents shall not at any time restrict traffic or block access to EMC’s property, unless COB, its subsidiaries, affiliates, contractors and agents give 72-hour written notification via email to EMC’s Bry Allen prior to restricting traffic or blocking access to EMC’s property. All proposed traffic and access restrictions will not last for more than 4 hours at a time and will not be between EMC’s peak business hours of 6am to 3pm. 8. To the extent allowed by law, COB shall defend, indemnify and hold harmless EMC and its parents, subsidiaries, affiliates, successors, assigns, and their respective directors, officers, employees, shareholders, representatives and agents, except to the extent arising out of the negligence, gross negligence or intentional misconduct of EMC, its agents or employees, from and against DocuSign Envelope ID: 84E4BF0B-B2DC-4E85-9B93-A77B76A1D038 Page 2 of 2 City of Bozeman September 13, 2021 any and all claims, damages, losses, liabilities, expenses, lawsuits, deficiencies, interest and penalties, including reasonable attorney’s fees, resulting from COB’s, its employee’s, contractor’s and agent’s exercise of its rights hereunder. 9. The rights granted under this Letter Agreement terminates upon successful completion of the project improvements upon EMC’s property or in 90 days, whichever occurs first. This Letter Agreement may be amended with written approval from both parties. 10. No excavation or digging of any sort is permitted on EMC referenced property without prior approval. 11. EMC will not allow any samples to be collected. This letter does not grant consent of any geotechnical or environmental investigations. 12. This Letter Agreement is personal to COB and may not be sold, transferred or assigned. 13. COB acknowledges that execution of this Letter Agreement grants no other rights other than the above, nor does it imply that additional rights or permissions will be granted for future projects or construction. 14. All communication pursuant to this agreement may be made: Bry Allen Bozeman Terminal Foreman 220 West Griffin Drive Bozeman, MT 59715 406-586-6927 bry.allen@exxonmobil.com If COB is agreeable to the specified terms and conditions of this agreement, please have an authorized representative sign in the space provided below and return to Mike McNally at ExxonMobil Pipeline Company, 607 ExxonMobil Road, Billings, MT 59101. Very truly yours, Harry Janke Agent and Attorney-in-Fact, Exxon Mobil Corporation City of Bozeman By:___________________________ Title:___________________________ Date: _____________, 2021 DocuSign Envelope ID: 84E4BF0B-B2DC-4E85-9B93-A77B76A1D038 9/28/2021 City Manager DocuSign Envelope ID: 84E4BF0B-B2DC-4E85-9B93-A77B76A1D038