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Home My WebLink About16- Memorandum of Understanding - CJ&J, LLC - N. 7th Ave Lighting Improvements MOU between The City of Bozeman and CJ&J, LLC. so CITY OF BOZEMAN PROJECT NAME: NORTH 7TH �,tiRJ a,2 Economic Development Department AVENUE LIGHTING IMPROVEMENTS f. and the Midtown Urban Renewal Board PROJECT M 4524.11402.03/ Co. o�`e� MEMORANDUM OF UNDERSTANDING 0417.063 PARCEL#: II BOWL MEMORANDUM OF UNDERSTANDING Between and Among CJ&J, LLC., OWNER OF PARCEL II, AND THE CITY OF BOZEMAN This Memorandum of Understanding (MOU) is hereby made and entered into by, between, and among CJ&J, 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 71h 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. 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 71h CITY OF BOZEMAN PROJECT NAME:NORTH 7TH AVENUE LIGHTING IMPROVEMENTS Parcel II PROJECT#:4524.11402.03/0417.063 Page 1 of 4 MOU between The City of Bozeman and CJ&J, LLC. Urban Renewal Board (NSURB), now known as the Midtown Urban Renewal Board (MURB), is in the process of completing three separate phases of the project, Phase 1 being completed in 2014. MURB is in the final design and right-of-way (RM) acquisition activities for Phases 2 and 3 with construction beginning in the summer of 2017. E. DETAILED PROJECT INFORMATION Costs This project is being funded through the Midtown Urban Renewal District (MURD) tax increment fund (TIF). Except as provided, 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 MURD. Private underground irrigation systems for any landscaping areas are not included in the project costs unless explicitly noted in this agreement. Improvements A new 6-ft sidewalk and 5.5-ft boulevard will be installed in front of the CJ&J, LLC. property shown as Parcel ll. The boulevard will be installed with new low maintenance landscaping. New trees or other specific landscaping shrubs, bushes, etc. are not required with this project in the boulevard area. A new decorative retaining wall will be installed on the northeast corner of the intersection. The wall will require a small portion of additional easement to be constructed. Parcel II incorporates four private approaches which will be replaced following current City design guides at the same location and width as the existing approaches, as shown on the attached Exhibit II. The existing parking blocks adjacent to the new sidewalk will be relocated west to provide the required standard parking length for the parking lot. The portion of the parking lot paint striping adjacent to the new sidewalk will be restriped. All existing street luminaires in the project corridor 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 II will have two new decorative luminaires installed in the boulevard and one new luminaire installed on top of an existing signal standard, as shown on the attached Exhibit II. 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 II, a new public access easement is required, as shown on the attached Exhibit Il. Signs and Landscaping The existing private sign will not be affected with this project. The small existing landscaping area that surrounds the existing private sign will be adjusted to allow the new sidewalk and CITY OF BOZEMAN PROJECT NAME:NORTH 7TH AVENUE LIGHTING IMPROVEMENTS Parcel II PROJECT#:4524.11402.03/0417.063 Page 2 of 4 MOU between The City of Bozeman and CJ&J, LLC. boulevard to be installed. The existing landscaping area near the middle of the parcel will be removed and paved with this project, as shown on the attached Exhibit II. 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 this agreement, 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 — CJ&J, LLC. ASSIGNMENTS TO BE PERFORMED BY CJ&J, LLC. AT CJ&J, LLC.'S EXPENSE: 1. CJ&J, LLC. agrees to provide the public access easement for the parcel as shown on the attached Exhibit II. 2. CJ&J, 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. 38.23.070). PART C- IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU is effective <<S 1 l 20 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. CITY OF BOZEMAN PROJECT NAME:NORTH 7TH AVENUE LIGHTING IMPROVEMENTS Parcel II PROJECT#:4524.11402.03/0417.063 Page 3 of 4 MOU between The City of Bozeman and CJ&J, LLC. 2. PRINCIPAL CONTACTS. The principal contacts for this instrument are: City of Bozeman CJ&J, LLC. 121 N Rouse c/o Jennifer White, Registered Agent P.O. Box 1230 4 Candlelight Drive Bozeman, MT 59771-1230 Bozeman, MT 59718 Phone: (406) 582-2321 Phone: (406) 581-3576 Fax: (406) 582-2344 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 Date: 21 By: Cv LA Jc Vol r%vl Title: &MK1(:1 W-12 ATTEST: rAA Date: By: ��(V\ Title: U CJ&J, LLC. Date: ?y�: eennif White Title: Registered Agent CITY OF BOZEMAN PROJECT NAME:NORTH 7TH AVENUE LIGHTING IMPROVEMENTS Parcel II PROJECTM 4524.11402.03/0417.063 Page 4 of 4 EXHIBIT II A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF TRACT 12A OF THE AMENDED DURSTON SUBDIVISION PLAT D-51—A, DOC. NO. 2290858 SITUATED IN THE NE1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. DURSTON AVE. EXST. POLE/METER TO BE REMOVED. METER OWNER INFORMATION(CURRENT AS OF PRINTED DATE) RELOCATED NEXT TO SIGNAL BOX TNEW DECORATIVE STAMPED CONCRETE CJBJ LLC PROPOSED EASEMENT OTY 4 CANDLELIGHT DR. O}m. _ — - OHF BOZEMAN,MT.59718 OIIP-- �� DECORATIVE KEMOVP'C9NCF3ETE, REPLACE WITH ASPHALT —� UMINARE TO BE - LLED ON NEW 6"CONCRETE CURB IGNAL STANDARD AND LANDSCAPED AREA< i LEGEND: EXISTING UTILITY POLE TO BE REMOV D o ALONG WITH OVERHEAD POW R ® EXISTING EASEMENT EXISTING APPROACH TO BE REMOVED AND CY) REPLACED WITH NEW CONCRETE APPROACH III j1 W —— — PROPOSED EASEMENT EXISTING SIDEWALK TO BE REMOVED �Q APPROXIMATE LUMINAIRE LOCATION AND REPLACED WITH NEW 5'-6" LANDSCAPED BOULEVARD(typ.) 7 = APPROXIMATE METER/HANDHOLE NEW STRIPING(20'X 9')AND L LOCATION RELOCATED PARKING BLOCKS,TYP. EXISTING BUSINESS SIGN TO REMAIN. _ I 'III W APPROXIMATE SIDEWALK/ APPROACH IMPROVEMENTS LANDSCAPING RETAINING WALL TO BE MOVED II� 2 FEET TO WEST. PLANTINGS REPLACED. EXISTING ROAD SIGN oz TO BE RESET IN NEW BLVD. U) EXISTING EDGE OF ASPHALT > m EXISTING BACK OF CURB U) Q00 U) z � o DECORATIVE LUMINARE 0O F N jP, 12A TO BE INSTALLED IN '! w j g C) NEW BOULEVARD(typ.) '� o o MANHOLE TO REMAIN r 11 - o EXISTING APPROACH TO BE Iz REMOVED AND REPLACED WITH NEW CONCRETE APPROACH { V EXISTING LANDSCAPING TO BE REMOVED AND PAVED. lo jr EXISTING APPROACH TO BE REMOVED AND REPLACED WITH 1 ry NEW CONCRETE APPROACH I "' O NEW 6'SIDEWALK ' rn TO BE INSTALLED(typ.) L PROPOSED 8.00' PEDESTRIAN EASEMENT 1 DECORATIVE LUMINARE TO BE INSTALLED IN NEW BOULEVARD(typ.) EXISTING APPROACH TO BE REMOVED AND REPLACED WITH f I NEW CONCRETE APPROACH I Cl)LO i EXISTING WATER SERVICE TO REMAIN �I 0 40 i ilk ( IN FEET ) MORRISON Engineers 901 Technology Blvd. DRAWN BY: KDJ NORTH 7TH AVENUE PROJECT NO. surveros Ooze—KIT 59718 CHK'D.BY: JCW LIGHTING IMPROVEMENTS 0417.063 s renusrs BOZEMAN MONTANA Li-ili AIERLE,INC. Planners Phone:(406)587-0721 APPR BY KDJ Fax:(406)587-1176 FIGURE NUMBER A,,Emp1.y--O—,d Cumpnny DATE: 04114/201fi COFI"RIGifT:l.!ORRiSON1.WERLE YIC.,NI6 EXHIBIT II TT N:\0417\0631ACADT.hibits\EASEMENTS-H-II-2015.dwg Plotted by kevin d.jacobsen on Apr/22/2016 11