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Home My WebLink About18- Memorandum of Understanding - R. Essig and S. Essig Revocable Living Trust - North 7th Avenue Streetscape Improvements tur to: `City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 MEMORANDUM OF UNDERSTANDING Between and Among ROBERT G. ESSIG AND SHERYL J. ESSIG REVOCABLE LIVING TRUST AGREEMENT DATED MAY 9, 2005, AND THE CITY OF BOZEMAN This Memorandum of Understanding (MOU) is hereby made and entered into by, between, and among Robert G. Essig and Sheryl J. Essig Revocable Living Trust Agreement Dated May 9, 2005 (hereinafter"The Trust'), the owners of Parcel S, 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 711 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 Midtown Urban Renewal Board (MURB), formerly the North 71h Urban Renewal Board, is in the process of completing four separate phases of the project, Phase 1 being completed in 2014. MURB is in the final design and right-of-way (RNV) acquisition activities for the remaining phases of the project. E. DETAILED PROJECT INFORMATION Costs This project is being funded through the MURB 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 Midtown Urban Renewal District (MURD). Non-project private property improvements are not included with this project unless specifically addressed in this agreement. Improvements New 6-ft sidewalks and 5.5-ft boulevards will be installed along the west property line of Parcel S. The boulevard will be installed with new permeable pavers and trees in tree grates. New trees or other specific landscaping shrubs, bushes, etc. on private property outside of the new public access and utility easement (PUE) areas are not required with this project. Existing landscaping areas on Parcel S adjacent to the new PUE will be slightly modified so as not to impact pedestrian access. The existing private 5-ft sidewalk accessing the building on the west side of the property will be reconstructed to remove an existing step in the sidewalk and graded to meet accessibility requirements. The front yard area facing N. 7th Avenue that is impacted by the project will be regraded with gentle slopes and new sod will be installed. As the project improvements will impact the existing underground irrigation system, a new underground irrigation system will be installed on Parcel S for all areas requiring grass. Parcel S incorporates one driveway approach that will be replaced following current City design guides at the same location and width as the existing approach, as shown on the attached Exhibit S. 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 area. Parcel S will have two new decorative luminaires installed as shown on the attached Exhibit S. Public Access and Utility Easement and Temporary Construction Easement To allow access to the new sidewalk adjacent to Parcel S, a new 8-ft wide PUE(typical)is required as shown on the attached Exhibit S. To allow the construction improvements to be installed outside of the PUE, a temporary construction easement(TCE) is required. The TCE is 15-ft wide and will provide the construction contractor the necessary room to install the project improvements as shown on Exhibit S. The TCE expires upon completion of the project. Signs The existing business sign for Parcel S will not be directly affected by this project. The existing sign conforms to the dimensional standards for B-2M in Section 38.28.060, City of Bozeman Municipal Code (BMC), as of the date of this agreement; however, modification of the existing sign structure, face, text, etc. will require a new permit from the City of Bozeman, as specified in Section 38.28.020, BMC. At the written request of the property owner, the City will pay the cost of relocating the sign to another location on the property, provided that the request occurs prior to August 30, 2018. The property owner must obtain a valid sign permit for the form and new location of the sign. 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 sidewalk removal and installation, boulevard installation including permeable pavers and trees/tree grates (where applicable), luminaire installation, associated utility adjustments, and project administration. 3. The City agrees to modify existing landscaping areas affected by the project, replace 10- ft of the private 5-ft sidewalk on the west side of the building, including removal of the existing step in the sidewalk, regrade impacted yard areas and install new sod, and install a new underground irrigation system on Parcel S. 4. The City of Bozeman agrees to provide additional consideration in the form of an administrative settlement in the amount of$10,000.00, payable to The Trust. 5. 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. 6. The City of Bozeman agrees to maintain all boulevard trees (Bozeman Municipal Code: Sec. 16,05.350). PART B— THE TRUST ASSIGNMENTS TO BE PERFORMED BY THE TRUST AT THE TRUST'S EXPENSE: 1. The Trust agrees to provide the public access and utility easement, and temporary construction easement as shown on the attached Exhibit S. 2. The Trust agrees to maintain the sidewalk and boulevard areas adjacent to their property (Bozeman Municipal Code: Sec. 34.04.020, 34.06.020, 38.26.070). Maintenance activities include replacing damaged sidewalk, snow removal, and maintaining damaged boulevard permeable pavers. PART C- IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU is effective 4141, )'y , 20/8. 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. 2. PRINCIPAL CONTACTS. The principal contacts for this instrument are: City of Bozeman Phone: (406) 582-2321 c/o Brit Fontenot c/o Robert G. and Sherry J. Essig 121 N Rouse 521 S. 5'h Avenue P.O. Box 1230 Bozeman, MT 59715 Bozeman, MT 59771-1230 Phone: (406) 586-2515 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. signature page to follow THE PARTIES HERETO have executed this instrument. CITY OF BOZEMAN —L- Date: By: Av�vta. Title: ATTEST: ,1'` $OZJ,1 ♦ l e LN c � ♦ y * • ,3 , Title: '�C �� '•~ 1a�31•• ` '� 9lL 9?'I CO N ROBERT G. ESSIG AND SHERYL J. ESSIG REVOCABLE LIVING JMST AGREEM DATED MAY 9 2005 r7 cam/ Date: Robert. Essig Trustee of the Robert G. Essig an heryl J. Essig Revocable Living Trust Agreement Dated May 9, 2005 Date. Sherry J. Essig Trustee of the Robert G. ssig and Sheryl J. Essig Revocable Living Trust Agreement Dated May 9, 2005 EXHIBIT S A PUBLIC ACCESS AND UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE WEST LINE OF LOT 23 LESS BARGAIN AND SALE DEED BK. 148, P. 133, TRACY'S 2ND ADDITION, BLOCK E, SITUATED IN THE NE1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. OWNER INFORMATION(CURRENT AS OF PRINTED DATE): ROBERT G AND SHERRY J ESSIG RE LVG TR AGR 521 S.5TH AVE. BOZEMAN,MT.59715 L1J LAMME ST. ;• L LEGEND: 1 � I PROPERTY BOUNDARY ',j ,';i ::'`?• EXISTING/PROPSED BACK OF CURB ® EXISTING EASEMENT WING PROPSED EDGE OF ASPHALT PROPOSED STREETSCAPE EASEMENTS y;I DECORATIVE LUMINARE TO BE • (PUBLIC ACCESS AND UTILITY/TEMPORARY CONSTRUCTION) INSTALLED IN NEW BOULEVARD(typ.) ....�f I O LIMITS OF CONSTRUCTION WORK 'l-.'. ( ' EXISTING SIDEWALK TO BE REMOVED AND REPLACED WITH NEW 5'-6" Cam® PROPOSED LUMINAIRE LANDSCAPED BOULEVARD(typ.) ? PROPOSED CONCRETE BUSINESS SIGN REMAINS IN PLACE .r.• z I Y PROPOSED ASPHALT ;;. •1; ° PROPOSED 15.0'TEMPORARY CONST. EASEMENT(SAVING AND EXCEPTING PROPOSED BOULEVARD EXISTING BUILDING STRUCTURES) �I PROPOSED 8.0'PUBLIC ACCESS AND UTILITY EASEMENT W �11 NEW 6'SIDEWALK zz TO BE INSTALLED(typ.) INSTALL 10'OF NEW 5'WIDE o SIDEWALK WITH 1 STEP Q Y '•.i I N O .;I I LIMITS OF rn m 17)000 II , ;` CONSTRUCTION WORK v #* ) EXISTING APPROACH TO BE T�I REMOVED AND REPLACED WITH NEW CONCRETE APPROACH J s.. `L �O •,' I DECORATIVE LUMINARE TO BE INSTALLED IN NEW BOULEVARD(typ.) E ISTI GLUMINAYEA �RT ED I �A ONG IT OVEBE RES O� . dHo, 2 y EXISTING A P PRO CH T i BE I EMO IIE�D 0 30 AND REPLACED ITH N W N�RROWER „I CONCRETE�PPR ACH THAT MATCHES ALLEY WIDTH I ( IN FEET DRAWN BY: KDJ NORTH 7TH AVENUE Morrison Q 315 gs,MT 9101 ite 102 STREETSCAPE IMPROVEMENTS PROJECT NO. Billings,MT 59101 0417.063 DSGN.BY: KDJ BOZEMAN MT M a i e r l e ® vnnv mm0ne APPR.DABE.0 JC 17 FIGURE NUMBER engineers.surveyors•planners•scientists 201] EXHIBIT S S COPttiIGHT�l.IORRISON-!.lAERLE,INO., 1..7 N:\0417\063\ACAD\Exhibits\EASEMENTS-H-II-2015.dvrg Plotted by kevin d.jacobsen on May/V2017