HomeMy WebLinkAbout18- Memorandum of Understanding - National Retail Properties, L.P. - Midtown Term Contract, North 7th Avenue Lighting MOU between The City of Bozeman and National Retail Properties, L.P
xogmez Project Name Midtown Term j
City of Bozeman Contract- Nth 7th Lighting
. * Economic Development Department
Project No: 16020
rL �tsj and the Midtown Urban Renewal Board
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 (RNV) acquisition activities for the remaining phases of the
project.
A_0 Midtown Term Contract
S A N D E R S O N ��� Page 1 of 4 Nth 7th Lighting
S T E WA R T 16020
Parcel GG
MOU between The City of Bozeman and National Retail Properties, L P
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
S A N D E R S Q N � ® Midtown Term Contract
�,�Wit R T Page 2 of 4 Nth 7th Lighting
16020
Parcel GG
MOU between The City of Bozeman and National Retail Properties, L P
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
Qetzi .4w 1-7 , 20N. 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 National Retail Properties, L P.
c/o Brit Fontenot c/o Kristin Furniss
121 N Rouse 450 S. Orange Ave.
P.O. Box 1230 Suite 900
Bozeman, MT 59771-1230 Orlando, FL 32801
Phone: (406) 582-2321 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
S A N D E R S O N Seri Midtown Term Contract
S j E R Page 3 of 4 Nth 7th Lighting
16020
Parcel GG
MOU between The City of Bozeman and National Retail Properties, L P
THE PARTIES HERETO have executed this instrument.
CITY OF BOZEMAN
Date:
Name: v1Gtma Skwr-tt-
Title: (�X
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ATTEST:
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Name: ti.
Title: C�t�ln CRivv— �,.
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TIN CC'
NATIONAL RETAIL PROPERTIES, L P
Date:
Name:
Title:
Date:
Name:
Title: y�
NATIONAL RETAIL PROPERTIES,LP, t"
a Delaware limited partnership {
By: NNN GP Cdrp.,a Dolew e p ron,
er general partner
BY --
Ng PaUIFL4. _ aver _
vice reslnt
Midtown Term Contract
S A N D E R S O N Page 4 of 4 Nth 7th Lighting
STE WART 16020
Parcel GG
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 NE1l4
OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 5 EAST,
PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.
ty OWNER INFORMATION(CURRENT AS OF PRINTED DATE):
NATIONAL RETAIL PROPERTIES LP
450 S ORANGE AVE STE 900
ORLANDO,FL.32801-3339
�RPCT 10
LIMITS OF , , LEGEND:
CONSTRUCTION WORK
PROPERTY BOUNDARY
EXISTING EASEMENT
40
EXISTIN PROACH TO 8E = f _ PROPOSED STREETSCAPE EASEMENTS
REMOVED A N"'I�. LACED WITH - r y (PUBLIC ACCESS AND UTILITYITEMPORARY CONSTRUCTION)
1`1 1!!L GOIUCRETEAPPRQACI _
� LIMITS OF CONSTRUCTION WORK
O @—O PROPOSED LUMINAIRE
'30�1 D COO BE)INS AL ED IN I
pp PROPOSED CONCRETE P231BA4' NEW BOUL:E1tARD{typ•) r' �� '� i�t Q l ;
PROPOSED ASPHALT
EXISTING BUSINESS SIGN TO BE r "
REMOVED. NEW SIGN TO THE SOUTH, PROPOSED BOULEVARD
z z SEE BELOW,
00 U)o EXISTING SIDEWALK TO BE i "'�
co REMOVED AND REPLACED ( $ L
o m a WITH NEW 5'-6"LANDSCAPED� $ T 1
BOULEVARD(typ.) l - +�9,
EXISTING WATER SERVICE TO REMAIN
PROPOSED 15.0' TEMPORARY � (:
ORTH 45 CONST.EASEMENT(SAVING 116,
N pF AND EXCEPTING EXISTING { r
ZRAG�9 BUILDING STRUCTURES) qf
NEW ASPHALT(TYP.) ,---�
NEW BUSINESS SIGN TO BE fry
INSTALLED 15'WEST OF R.O.W, I � i trig
PROPOSED 8,00'PUBLIC ACCESS O jj
AND UTILITY EASEMENT ?, 1 j
EXISTING APPROACH TO BE f ug
REMOVED AND REPLACED WITH
NEW CONCRETE APPROACH
EXISTING EDGE OF ASPHALT
EXISTING BACK OF CURB
2
,
OOC,it
2�660 ( I
0 30
NEW 6'SIDEWALK
TO BE INSTALLED(typ.) ( ( IN FEET
DRAWN BY: KD
Morrison J NORTH 7TH AVENUE PROJECT NO.
315 N.25th Street,Suite 102 STREETSCAPE IMPROVEMENTS
RailBill rigs MT 59101 DSGN.BY: KDJ 0417.063
M a i e r l eom 406.656.6000 BOZEMAN MT
APPR.BY: JCW
FIGURE NUMBER
® wvnv.m-m.net DATE:07/31/18
engineers,surveyors,planners•scientists EXHIBIT GG GG
iaegASIXiJN{Ht[.inG_3Gt0
N:\0417\063WCAD\E.hibits\EASEMENTS-H-l1-2015.dwg Plotted by kevin d.i-obsen on Jul/30/2018
Advance Auto Parts
j+ * RsoV Road
ke
24012 PRP000550337-2
Ph:540-362-4911
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#:PRPQ00550337-2
[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 Electrical budget added-thanks!
Atlas Sign Industries
8/14/2018 09:26 Please include addressing power to the sign as well.Turn key please.
David Thomas
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, SIGN PYLON 1 $5,981.00 $5,981.00
INSTALL CABINETS
REMOVAL OF EXISTING PYLON SIGN SIGN--PYLON 1 $845.00 $845.00
NEW STEEL AND SIGN--PYLON 1 $2,410.00 $2,410.00
BRACKETS FOR
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 j
Total Cost(Proposed+Incurred Costs): $13,341.00