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Home My WebLink About22- Exxon Mobile - Griffin Drive Streeet and Stormwater Improvements Project E*onMobil June 6,2022 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 NWl/4,Section 6,Township 2 South,Range 6 East,Ib1.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 FMC'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 June 13,2022,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, except for security, approach and gate construction activities at Evergreen Drive. 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 FMC'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 EMC's property. Additionally, COB shall not permit equipment maintenance of any kind to be performed upon EMC's property. 5. COB shall be responsible to promptly reimburse EMC,upon receipt of FMC's invoice,for the cost of repair of EMC's property, including roadways,resulting from damage incurred as a result of COB's,its employee's,contractor's and agent's activities upon said property,normal wear and tear excepted. COB shall be responsible for removing existing fencing located in the right-of-way for Griffin Drive as identified in the attached Figure I (the"Relocated Fence"). COB shall be responsible for installing temporary fencing and providing security to EMC's standards when the Relocated Fence is removed. COB and EMC shall mutually agree upon the temporary fencing to be installed and security to be provided prior to the Relocated Fence removal. Once the Work is complete,COB shall remove the temporary fencing and COB shall install permanent fencing outside the right-of-way for Griffm Drive. EMC shall only reimburse COB for construction costs for permanent fence installation where existing fence was located in COB road ROW. COB is responsible for cost of existing fence removal and temporary fencing. 6. COB shall be responsible for building out Evergreen Drive to EMC's specifications and standards to safely allow EMC terminal traffic ingress and egress via Evergreen Drive east of EMC's terminal as identified in the attached Figure 2. COB shall be responsible to ensure EMC terminal traffic can enter and exit both north and south onto Evergreen Drive for the entire duration of time that EMC's Griffin Drive approach and gate are not accessible during COB's Work. COB shall be responsible for installing a gate to EMC's specifications and standards to allow ingress and egress to the EMC's terminal via Evergreen Drive as identified in the attached Figure 2. COB shall be responsible for providing 24-hour,seven days a week security in accordance with EMC's standards when EMC's Griffin Drive approach and gate are under construction during COB's Work. 7. 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 existing EMC's local and corporate policies and procedures. 8. COB,its employees,contractors and agents shall not at any time restrict traffic or block access to EMC's property. COB must ensure unrestricted access to EMC's property either via Griffin Drive or Evergreen Drive at all times. Page 2 of 2 City of Bozeman June 6,2022 9. 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 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. 10. The rights granted under this Letter Agreement may be terminated by either party upon delivery in writing to the other party within 48 hours of its intent to do so. 11. No excavation or digging of any sort is permitted on EMC referenced property without prior approval. 12. COB will not allow any samples to be collected. This letter does not grant consent of any geotechnical or environmental investigations. 13. This Letter Agreement is personal to COB and may not be sold,transfctTcd or assigned. 14. 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. 15. 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 the letter to me at the above letterhead address. Very Duly yours, Docu3fg�neyd by: E ✓L Clmi&'ec cl ,` Agent and Attorney-in-Fact,Exxon Mobil Corporation City of Bozeman By: �j� /� Title: Y' 14 Date: ,2022 FIGURE 1 RIGHT-OF-WAY ACQUISITION WITHIN TRACT C-1 (REMAINDER), C.OS. 205, LOCATED IN NW1/4, S6, T2S, R6E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSONSTEWARTA- BOZEMAN, MONTANA _ W. GRIFFIN R. _ V .............. .............. DO NOT DISTURB DO NOT DISTURB / EXISTING FENCE EXISTING FENCE OR GATES OR GATES .r Temporary Construction Area Relocated (7.145 SQ.FT.) _ Fence r; EXISTING PROPERTY LINE (TYP) NOTES: 1. AERIAL IMAGE LOCATIONS ARE R/W LEGEND APPROXIMATE AND MAY NOT BE EXACT. ® EXISTING ROAD R/W 2.NEW PROJECT IMPROVEMENT LOCATIONS ARE PRELIMINARY AND SUBJECT TO TEMPORARY CONST. PERMIT CHANGE. A40 0 40 80 NORTH scaLE:i.so GRIFFIN DR—R/W ACO PARCEL 21 18092_12_ROW EXHIBITS.DWG 18092.12 5/17/2021 FIGURE 2 ■ �L r '