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HomeMy WebLinkAbout15- Memorandum of Understanding - Eckroth Plaza Montana, LLC - North 7th Ave Lighting ImprovementsMOU between The City of Bozeman and Eckroth Plaza Montana, LLC. PROJECT NAME: North 7th CITY OF BOZEMAN e4`S' Economic Development Department Avenue Lighting Improvements and the North 7th Urban Renewal Board PROJECT M 4524.19402.03 0417.063 iacoa,� MEMORANDUM OF UNDERSTANDING PARCEL #: T MEMORANDUM OF UNDERSTANDING Between and Among ECKROTH PLAZA MONTANA, LLC., OWNER OF PARCEL T, AND THE CITY OF BOZEMAN This Memorandum of Understanding (MOU) is hereby made and entered into by, between, and among Eckroth Plaza Montana, LLC. and the City of Bozeman. A. BACKGROUND This Memorandum of Understanding is being generated as a result of planning and design that is being, and has been, carried out in the City of Bozeman, Montana, to construct new sidewalks, boulevards, and decorative street luminaires on the North 7`h Avenue corridor in Bozeman, Montana. B. PURPOSE The purpose of this MOU is to document the project roles and responsibilities of each of the aforementioned parties. This document will formally outline which party will be responsible of various aspects of the project including construction efforts, oversight, maintenance, funding, and impacts to private property features. C. PROJECT The Project area is generally defined as incorporating North 7th Avenue from interstate 90 south to Main Street, a total length of approximately 1.2 miles. The goal of the project is to provide streetscape improvements to enhance the overall appearance of the business corridor while providing a safe and visible access route for pedestrians and consumers. This project will not impact the actual street elements within the confines of the existing curb and gutter except as specifically required to install approaches, pedestrian ramps, and other similar improvements. Page 11 MOU between The City of Bozeman and Eckroth Plaza Montana, LLC. D. PROJECT HISTORY The City of Bozeman initiated the first steps in the process to improve the streetscape by working with public officials and local property owners to develop a corridor plan. The North 7`h Urban Renewal -Board (NSURB) is in the process of completing three separate phases of the project, Phase 1 being completed in 2014. NSURB is in the final design and right-of-way (R/W) acquisition activities for Phases 2 and 3 with Phase 2 beginning construction in the summer of 2015. E. DETAILED PROJECT INFORMATION Costs This project is being funded through the NSURB tax increment fund (TIF). All related project improvements, including the relocation of private property (where applicable), will be covered by the project funding. The TIF that is paying for the project improvements is collected via taxes on properties included within the North 7ffi Urban Renewal District (NSURD). Private underground irrigation systems for any landscaping areas are not included in the project costs. Improvements A new 6 -ft sidewalk and 5.5 -ft boulevard will be installed in front of Parcel T. The boulevard will be installed with new sod. New trees or other specific landscaping shrubs, bushes, etc. are not required with this project. The existing tree adjacent to the new public access easement will not be removed, but may require minor trimming so as not to impact pedestrian access. Parcel T incorporates one private approach which will be replaced following current City design guides at the same location and width as the existing approach, as shown on the attached exhibit T. The public approach that serves the alley way on the north side of Parcel T will be replaced with a new 16 -ft wide approach to serve the alley way. All existing street luminaires and the overhead power line that serves the luminaires will be removed. New decorative street luminaires with underground power service will be installed in the new boulevard areas where applicable. Parcel T will have one new decorative luminaire installed on top of the existing signal standard, as shown on the attached exhibit T. All project Improvements have a one year warranty unless specified otherwise in the construction contract documents. Public Access Easement To allow access to the new sidewalk adjacent to Parcel T, a new public access easement 8 -ft wide is required, as shown on the attached exhibit T. Page 12 MOU between The City of Bozeman and Eckroth Plaza Montana, LLC. Signs and Facade The existing private sign will be relocated approximately 3 -ft to the east from its current location, outside of the proposed easement area. All incidental work to relocate the sign including a new sign foundation, power service, sod replacement, etc. will be completed with this project. WORK ASSIGNMENT: PART A — THE CITY OF BOZEMAN WORK TO BE PERFORMED BY THE CITY OR ITS CONTRACTOR AT THE CITY'S EXPENSE: 1. Except as otherwise provided herein, furnish all plans, engineering, supervision, labor, material, supplies and equipment necessary for construction of the project, complete in all details. 2. The City of Bozeman agrees to complete the project improvements as detailed in the construction plans, including but not limited to sidewalk removal and installation, boulevard and landscaping installation, luminaire installation, and project administration. 3. The City of Bozeman agrees to maintain the new decorative street luminaires and maintain power service to operate the luminaires at the City's expense. PART B — ECKROTH PLAZA MONTANA, LLC. ASSIGNMENTS TO BE PERFORMED BY ECKROTH PLAZA MONTANA, LLC. AT ECKROTH PLAZA MONTANA, LLC.'S EXPENSE: 1. Eckroth Plaza Montana, LLC. agrees to provide the public access easement for the parcel as shown on the attached exhibit T. 2. Eckroth Plaza Montana, LLC. agrees to maintain the sidewalk and boulevard area adjacent to their property following City of Bozeman ordinances. Maintenance activities include replacing damaged sidewalk, removing snow during the cold months, and maintaining the landscaping vegetation at the private property owner's expense (Unified Development Code: Sec. 34.04.020; Sec. 34.06.020; Sec. 38.23.0701). PART C- IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU is effective h 10 , 20_L,< -.-This MOU may be amended upon written request of either the two parties a part of this MOU and the subsequent written concurrence of the two parties. Page 13 MOU between The City of Bozeman and Eckroth Plaza Montana, LLC. 2. PRINCIPAL CONTACTS. The principal contacts for this instrument are: City of Bozeman 121 N Rouse P.O. Box 1230 Bozeman, MT 59771-1230 Phone: (406) 582-2321 Fax: (406) 582-2344 Eckroth Plaza Montana, LLC. c/o Jeff Eckroth 1655 North Grandview Lane, Suite 102 Bismark, ND 58503-8807 Phone: (701) 333-0281 3. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of their respective party are authorized to act in their respective areas for matters related to this agreement. THE PARTIES HERETO have executed this instrument. CITY OF BOZEMAN C'" -A � By: Title: C,ry J`(aplq� �t ATTEST: OF B o By: AFP L ►�1t�Ha��^ , i Title: Cl' y . Date: `— (146 Date: `---( — (k - ( �o Date: / 7-11 o/z o / 6 -- Page 14 EXHIBIT T AN 8.0 FOOT WIDE EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE WEST LINE OF LOT 20 LESS BARGAIN AND SALE DEED BOOK 148, P. 174, TRACY'S 2ND ADDITION, BLOCK E, PLAT C-18 SITUATED IN THE NE1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. W . oil Z w _ I EXISTING APPROACH TO BE REMOVED -A-NDREPLACED WITH NEW NARROWER CONC ETE f PPROACH THAT MATCHES && WIDTH ALLEY 20' 401 19 VOl 18 �O Al a PROPOSED EASEMENT ❑-Q APPROXIMATE LUMINAIRE LOCATION E9= E STING SIDEWAL TO BE REMOVE LOCATION A D REPLACED WI H NEW 5'-6" LAN SCAPED APPROACHIMPROVEMENTS (G ASS) BOULEVA D (typ.) II NEW 6' SIDEWA K TO BE INSTALL D (lyp.) 0 Z I BUSINESS IGN TO BE Q w W I RELOCAT D 3 FEET EAST z a F II w }tea 0 W U o PROPOSED 8. 'PEDESTRIAN EASEMENT z uJ I ¢ z� a EXISTIN ROAD SIGN I m CO TO BE R SET L= N m w EXISTING A PROACH TO BE �. I J N REMOVED ND REPLACEDITH NII ; F NEW CONC ETE APPROACH O 0 J i Z EXISTING ED E OF ASPHALT I EXISTING BAC OF CURB EXISTING TRAFFIC TO REMFWN I \�- DECORATIVE LUMINARE TO BE INSTALLED ON SIGNAL STANDARD i� - - MENDENHALL ST. DZEMAN 241 � I MORRISON 6n&— 901 Technology Blvd. DRAWN BY: DS g—y— Bozeman IAT 59718 CHKR BY: JCW 1 �MAIERLE, INC, -J --JJ Plann4rs Phone: (406) 587-0721 APPR. BY: KDJ Far (406) 587.7176 DATE'. 7R212015 An !'�np7yrc-OIIncJ Cvmp..JO CCP/P2Ht 41JOYISIX WIEfilE [!C. _SIS Na04171063WCAD1EvhiM,t EASEh1ENTS.H.11-20154•.:, Planed by Kevin Jacobsen on JuV290015 OWNER INFORMATION (CURRENT AS OF PRINTED DATE): ECKROTH PLAZA MONTANA LLC. 1655 N. GRANDVIEW LANE, STE. 102 BISMARCK, ND. 58503-0877 LEGEND: ® EXISTING EASEMENT — — — PROPOSED EASEMENT ❑-Q APPROXIMATE LUMINAIRE LOCATION E9= APPROXIMATE METER/HANDHOLE E LOCATION APPROXIMATE SIDEWALK/ APPROACHIMPROVEMENTS 0 30 ( IN FEET ) NORTH 7TH AVENUE LIGHTING IMPROVEMENTS EXHIBIT T PROJECT NO. 0417-063 FIGURE NUMBER T BOZ E MAN MT City Clerk April 13, 2016 To: Eckroth Plaza Montana, LLC 1655 N. Grandview lane, Ste 102 Bismark, ND 58503 Subject: Memorandum of Understanding Dear Mr. Eckroth, Enclosed you will find the Memorandum of Understanding with the City of Bozeman for the North 7th Ave. Lighting Improvements project. This copy is for your records. If you have any questions or concerns; please don't hesitate to contact me directly or via the contact information on the bottom of this letterhead. Thank you. Respectfully, Karlee Guttenberg City Clerk Office (406) 582-2320 Encl: One (1) Memorandum of Understanding TDD: 406-582-2301 THE MOST LIVABLE PLACE.