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HomeMy WebLinkAbout08-30-18 Parcel GG MOU MOU between The City of Bozeman and National Retail Properties, L.P. Midtown Term Contract Page 1 of 4 Nth 7th Lighting 16020 Parcel GG City of Bozeman Economic Development Department and the Midtown Urban Renewal Board Project Name: Midtown Term Contract - Nth 7th Lighting Project No: 16020 Parcel No: GG MEMORANDUM OF UNDERSTANDING Between and Among NATIONAL RETAIL PROPERTIES, L.P. AND THE CITY OF BOZEMAN This Memorandum of Understanding (MOU) is hereby made and entered into by, between, and among National Retail Properties, L.P., a Delaware Limited Partnership, the owners of Parcel GG, 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 7th 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 Midtown Urban Renewal Board (MURB), formerly the North 7th 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 (R/W) acquisition activities for the remaining phases of the project. MOU between The City of Bozeman and National Retail Properties, L.P. Midtown Term Contract Page 2 of 4 Nth 7th Lighting 16020 Parcel GG 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. Tax increment financing does not represent additional taxes, rather a TIF provision is a feature of State Law that allows a City to divert regularly collected taxes toward a specific geographical area within its boundary, in this case, 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 east property line of Parcel GG. 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. Parcel GG incorporates one separate and one joint use driveway approach that will be replaced following current City design guides at the same locations and widths as the existing approaches, as shown on the attached Exhibit GG. 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 GG will have two new decorative luminaires installed as shown on the attached Exhibit GG. Public Access and Utility Easement and Temporary Construction Easement To allow access to the new sidewalk adjacent to Parcel GG, a new 8-ft wide PUE (typical) is required as shown on the attached Exhibit GG. 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 GG. The TCE expires upon completion of the project. Signs The existing business sign for Parcel GG will be directly affected by this project. The existing pole sign will be relocated west 15-feet from the east property line of Parcel GG and modified to meet the City of Bozeman Municipal Codes (BMC) (38.560). Any future modification of the existing sign structure, face, text, etc. will require a new permit from the City of Bozeman. 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 MOU between The City of Bozeman and National Retail Properties, L.P. Midtown Term Contract Page 3 of 4 Nth 7th Lighting 16020 Parcel GG including permeable pavers and trees/tree grates (where applicable), luminaire installation, associated utility adjustments, and project administration. 3. The City of Bozeman agrees to provide additional consideration in the form of an administrative settlement in the amount of $8,550.00, payable to National Retail Properties, L.P. 4. The City of Bozeman agrees to reimburse the lessee, Advance Auto Parts, for the costs associated with the business sign relocation work for a total cost not to exceed $13,341.00, as detailed on the attached estimate. 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 – NATIONAL RETAIL PROPERTIES, L.P. ASSIGNMENTS TO BE PERFORMED BY NATIONAL RETAIL PROPERTIES, L.P. AT NATIONAL RETAIL PROPERTIES, L.P.’S EXPENSE: 1. National Retail Properties, L.P. agrees to provide the public access and utility easement and temporary construction easement as shown on the attached Exhibit GG. 2. National Retail Properties, L.P. agrees to maintain the sidewalk and boulevard areas adjacent to their property as required by existing Code (Bozeman Municipal Code: Sec. 34.04.020, 34.06.020, 38.550.070). 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 ________________, 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. 2. PRINCIPAL CONTACTS. The principal contacts for this instrument are: City of Bozeman c/o Brit Fontenot 121 N Rouse P.O. Box 1230 Bozeman, MT 59771-1230 Phone: (406) 582-2321 National Retail Properties, L.P. c/o Kristin Furniss 450 S. Orange Ave. Suite 900 Orlando, FL 32801 Phone: (407) 650-1056 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 MOU between The City of Bozeman and National Retail Properties, L.P. Midtown Term Contract Page 4 of 4 Nth 7th Lighting 16020 Parcel GG THE PARTIES HERETO have executed this instrument. CITY OF BOZEMAN ____________________________ Date: __________________________ Name: Title: ATTEST: ____________________________ Date: __________________________ Name: Title: NATIONAL RETAIL PROPERTIES, L.P. ____________________________ Date: __________________________ Name: Title: ____________________________ Date: __________________________ Name: Title: ///////////////////////////////////////////////////GGGGGGG//////////////////////////////EXHIBIT GG A PUBLIC ACCESS AND UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF THE NORTH 45 FEET OF TRACT 9 AND THE SOUTH 30 FEET OF TRACT 10 OF DURSTON SUBDIVISION, AS DESCRIBED IN DOCUMENT NO. 2378141, PLAT D-51 SITUATED IN THE NE1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.NORTH SEVENTH AVENUEDURSTONSUBDIVISIONPLAT D-51OWNER INFORMATION (CURRENT AS OF PRINTED DATE): NATIONAL RETAIL PROPERTIES LP 450 S ORANGE AVE STE 900 ORLANDO, FL. 32801-3339 NORTH 4 5 FEET OF TRACT 9 TRACT 10 EXHIBIT A - 2 DOC. # 2 0 2 6 6 0 SOUTH 3 0 F E E T O F TRACT 10 DOC. 237 8 1 4 1 DECORATIVE LUMINARE TO BE INSTALLED IN NEW BOULEVARD (typ.) EXISTING APPROACH TO BE REMOVED AND REPLACED WITH NEW CONCRETE APPROACH EXISTING BACK OF CURB EXISTING EDGE OF ASPHALT NEW 6' SIDEWALK TO BE INSTALLED (typ.) EXISTING SIDEWALK TO BE REMOVED AND REPLACED WITH NEW 5'-6" LANDSCAPED BOULEVARD (typ.) EXISTING WATER SERVICE TO REMAIN EXISTING APPROACH TO BE REMOVED AND REPLACED WITH NEW CONCRETE APPROACH 51'-9"13'-8"34'-1"EXISTING BUSINESS SIGN TO BE RELOCATED 9 FEET TO WEST PROPOSED 8.00' PUBLIC ACCESS AND UTILITY EASEMENT © PROJECT NO. FIGURE NUMBER COPYRIGHT MORRISON-MAIERLE, INC.,2017 N:\0417\063\ACAD\Exhibits\EASEMENTS-H-II-2015.dwg Plotted by kevin d. jacobsen on May/23/2017 DRAWN BY: DSGN. BY: APPR. BY: DATE:engineers surveyors planners scientists MorrisonMaierle 315 N. 25th Street, Suite 102 Billings, MT 59101 406.656.6000 www.m-m.net 0417.063 GG NORTH 7TH AVENUE STREETSCAPE IMPROVEMENTS EXHIBIT GG BOZEMAN MT KDJ KDJ JCW 03/15/17 LEGEND: PROPERTY BOUNDARY EXISTING EASEMENT PROPOSED STREETSCAPE EASEMENTS (PUBLIC ACCESS AND UTILITY/TEMPORARY CONSTRUCTION) LIMITS OF CONSTRUCTION WORK PROPOSED LUMINAIRE PROPOSED CONCRETE PROPOSED ASPHALT PROPOSED BOULEVARD PROPOSED 15.0' TEMPORARY CONST. EASEMENT (SAVING AND EXCEPTING EXISTING BUILDING STRUCTURES) LIMITS OF CONSTRUCTION WORK Advance Auto Parts 5008 Airport Road Roanoke, VA 24012 Ph: 540-362-4911 PRP000550337-2 REQUEST RFP DETAILS Date Proposal Requested:8/7/2018 Service Provider Address:1077 West Blue Heron Blvd Date Proposal Submitted:8/14/2018 City, State, Zip Code:FL 33404 Service Provider Contact:Atlas Sign Industries2 Telephone/Fax Number:/ Status:Resubmitted Email Address:aapservice@atlassignindustries.us Advance Auto Parts Proposal #:PRP000550337-2 PROPOSAL SUBMITTAL ADDRESS:WORKSITE ADDRESS: Advance Auto Parts ~ via email ~ Store #: 103152 Email address:Store Name: 103152 - CQ 1 North 7th Avenue - 10095 - 3105 Zone 1 Coordinator: Ryder Juedeman Address: 425 North 7th Avenue Phone # / Fax #: / City, State: Bozeman MT Tracking #:42550337 DESCRIPTION OF SERVICES: DOT TAKING- MOVE PYLON TO NEW LOCATION, NEW STEEL, SIGN BRACKETS, NEW FOOTER. USE EXISTING SIGN CABINETS. LABOR TO REMOVE EXISTING SIGNAGE FROM POLE, CUT EXISTING STEEL TO GRADE $845.00 NEW STEEL AND BRACKETS FOR EXISTING CABINETS- PAINTED BLACK $2,410.00 CRATING $105.00 FREIGHT BUDGET $325.00 LABOR TO DIG AND POUR NEW FOOTER, SET STEEL AND INSTALL CABINETS ON STEEL $5,981.00 DISPOSAL $175.00 ELECTRICAL BUDGET- RUN NEW POWER FROM THE BUILDING TO THE NEW SIGN LOCATION (TRENCH IN ASPHALT) $3500.00 RFP NOTES: Date Note 8/14/2018 09:28 Atlas Sign Industries Electrical budget added- thanks! 8/14/2018 09:26 David Thomas Please include addressing power to the sign as well. Turn key please. INCURRED COSTS TO DATE Primary Contractor: Labour & Travel Equipment Hours Rate Total Materials Equipment Qty Price Total Other Equipment Price Total Total for Primary Contractor:$0.00 Subcontractor: Labour & Travel Equipment Hours Rate Total Materials Equipment Qty Price Total Other Equipment Price Total Total for Subcontractor:$0.00 Total for Incurred To Date:$0.00 PROPOSAL BREAKDOWN Primary Contractor: Labour & Travel Equipment Hours Rate Total Materials Equipment Qty Price Total ELECTRICAL BUDGET SIGN -- PYLON 1 $3,500.00 $3,500.00 DIG & POUR NEW FOOTER, SET STEEL, INSTALL CABINETS SIGN -- PYLON 1 $5,981.00 $5,981.00 REMOVAL OF EXISTING PYLON SIGN SIGN -- PYLON 1 $845.00 $845.00 NEW STEEL AND BRACKETS FOR SIGN -- PYLON 1 $2,410.00 $2,410.00 EXISTING CABINETS CRATING SIGN -- PYLON 1 $105.00 $105.00 DISPOSAL SIGN -- PYLON 1 $175.00 $175.00 Other Equipment Price Total Freight SIGN -- PYLON 1 $325.00 $325.00 Total for Primary Contractor:$13,341.00 Subcontractor: Labour & Travel Equipment Hours Rate Total Materials Equipment Qty Price Total Other Equipment Price Total Total for Subcontractor:$0.00 Total for Proposed Work:$13,341.00 Sub Total:$13,341.00 Tax:$0.00 Total Cost (Proposed + Incurred Costs): $13,341.00