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Home My WebLink About20- Agreement - CJ&J - N 7th Ave Streetscape Design and Construction ProjectAgreement between The City of Bozeman and CJ&J, LLC. for the North 7th Avenue Streetscape Design and Construction Project City of Bozeman Economic Development Department and the Midtown Urban Renewal Board AGREEMENT Between and Among CJ&J, LLC. AND THE CITY OF BOZEMAN Project Name: Midtown TO #MID20-001- Nth 7th Project No: 18098.06 Parcel No: II North 7th Avenue Streetscape Design and Construction Project This Agreement is hereby made and entered into by, between, and among CJ&J, LLC. ("CJ&J"), a Montana Limited Liability Company, the owners of Tract 12A of the Amended Durston Subdivision, Plat D -51-A, Doc. No. 2290858, situated in the northeast one-quarter of Section 12, Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana (the "Property"), and the City of Bozeman, with a mailing address of P.O. Box 1230, Bozeman Montana 59771 ("City"). As used in this Agreement, "City" includes the City's employees, agents, and contractors and "CJ&J" includes CJ&J's employees, agents, and contractors. A. BACKGROUND The City has undertaken planning and design to construct new sidewalks, boulevards, landscaping, and decorative streetlights on the North 7th Avenue corridor in the Midtown Urban Renewal District in Bozeman, Montana (the "Project"). B. PURPOSE The purpose of this Agreement is to document the Project roles and responsibilities of each of the parties in relation to portions of the Project that will be conducted on and adjacent to the Property. This Agreement will describe which party will be responsible of these 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 71h 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. The 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 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 Midtown TO #MID20-001- Nth 7th Page 1 of 4 18098.06 Parcel 11 Agreement between The City of Bozeman and CJ&J, LLC. for the North Th Avenue Streetscape Design and Construction Project separate phases of the Project, Phase 1 was completed in 2014. MURB is in the final Project phases, currently bidding out the Project for construction commencing in 2020. E. DETAILED PROJECT INFORMATION Proiect InnDrovements The City plans to install new streetscape facilities along North 7th Avenue, including new concrete sidewalks, boulevards, trees with tree grates, streetlights, and landscaping improvements. The new boulevards will be installed with a mix trees, brick pavers and concrete. Additional landscaping improvements will be constructed in roadway median areas utilizing brick pavers and/or landscaping plants. Private driveway approaches will be reconstructed along the project corridor to facilitate vehicle and pedestrian access. Project Improvements on the Property The Project will improve transportation and landscaping facilities along North 7th Avenue. To allow completion of the Project improvements, existing features on the Property will be impacted. The Property incorporates four separate driveway approaches to CJ&J's authorizes the City to and the City agrees, as a component of the Project, to remove one existing driveway approach from the Property as shown on Exhibit II (the "Project Improvements"). F. OBLIGATIONS OF THE CITY RELATED TO THE PROJECT IMPROVEMENTS 1. Except as otherwise provided herein, the City agrees to furnish all plans, engineering, supervision, labor, material, supplies and equipment necessary for construction of the Project 2. Improvements. 3. The City agrees to construct the Project Improvements and contract for and administer the construction of the Project Improvements. G. OBLIGATIONS OF CJ&J 1. CJ&J hereby grants the City permission to use the Property for purposes of completing the Project Improvements, during the term listed herein and only on the terms and conditions set forth or reasonable orders of the CJ&J's authorized representatives made from time to time, which City promises to comply with and abide by. City agrees to comply with all City ordinances and other rules and regulations regarding permits and approvals related to City's operations on the Property related to the Project as well as those of any other governmental entity having jurisdiction. 2. CJ&J agrees to allow the City to complete the driveway approach improvements as shown on the attached Exhibit II, including replacing three driveway approaches and the removal of one driveway approach. 3. CJ&J agrees to maintain the sidewalk and boulevard areas adjacent to the Property as required by Bozeman Municipal Code, Sections 34.04.020, 34.06.020, and 38.550.070. Such maintenance activities include replacing damaged sidewalk, snow removal, and maintaining damaged boulevard brick pavers. Midtown TO #MID20-001- Nth 7th Page 2 of 4 18098.06 Parcel 11 Agreement between The City of Bozeman and CJ&J, LLC. for the North 7th Avenue Streetscape Design and Construction Project H. GENERAL TERM/AMENDMENT/TERMINATION. This Agreement is effective (= / , 20-).,., and, except for CJ&J's requirement to maintain certain infrastructure as described in Section G.3, will expire on January 1, 2022. This Agreement may be amended only in writing, signed by the two parties. If either party fails to comply with any term of this Agreement, the non -defaulting party may, at its option, terminate this Agreement and the parties shall be released from all obligations if default is not cured within thirty (30) calendar days after written notice of the default is provided to the non -defaulting party. Within thirty (30) days of expiration or termination of this Agreement, City agrees to remove all of City's personal property from the Property and restore the Property to the original condition existing at the time the City commenced its use of the Property, but only to the extent changes in the condition of the Property were caused by the City's use. 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 CJ&J, LLC. c/o Jennifer White, Registered Agent 4 Candlelight Drive Bozeman, MT 59718 Phone: (406) 581-3576 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. 4. INDEPENDENT CONTRACTORS. The Parties agree and acknowledge that in the performance of this Agreement, the City shall not be considered an agent, representative, subcontractor, or employee of CJ&J and CJ&J shall not be considered an agent, representative, subcontractor or employee of City. 5. INTEGRATION. This Agreement constitutes the entire agreement of the Parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. Midtown TO #MID20-001- Nth 7th Page 3 of 4 18098.06 Parcel 11 Agreement between The City of Bozeman and CJ&J, LLC. for the North Th Avenue Streetscape Design and Construction Project signature page THE PARTIES HERETO have executed this instrument. CITY OF BOZEMAN N Tile: C, ty N10r N creme- iZ ATTEST: Name: Title: Cary CL•EP-VL CJ&J, LLC. - �, I., N e: T' I Date: (o - 16 - ao� Date: (<!!s '`6 Date: Page 4 of 4 Midtown TO #MID20-001- Nth 7th 18098.06 Parcel 11 EXHIBIT II A PUBLIC ACCESS AND UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION 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, NAMITANA DURSTON ROAD EXST. POLE/METER TO BE REMOVED. METER RELOCATED NEXT TO SIGNAL BOX Pte_ FUTURE LANDSCAP IMPROVEMENTS FOL-LOWRItQ VD INTERSECTION IMPROVEMENTSOHP W/IN PUBLIC ACCESS & UTILITY EASE. 11 FIL EXST. UTILITY POLE TO BE REMOVED ALONG WITH OVERHEAD POWER EXISTING APPROACH TO BE REMOV D AND REPLACED WITH NEW CONCRETE APPROACH I EXISTING SIDEWALK TO BE REMOVED I AND REPLACED WITH NEW 5-6" —F LANDSCAPED BOULEVARD (typ.) I NEW STRIPING (20' X 9') AND RELOCATED PARKING BLOCKS, TYP, EXISTING BUSINESS SIGN TO REMAIN.( LANDSCAPING RETAINING WALL TO BE MOVED 2 FEET TO WEST. PLANTINGS REPLACED] EXISTING ROAD SIGN OZ TO BE RESET IN NEW BLVD. I `nDECORATIVE LUMINARE o TO BE INSTALLED IN00 I oo NEW BOULEVARD (typ.) U) ¢ to Z �; o MANHOLE TO REMAIN 060) 1�C� �ZP g v EXISTING APPROACH TO BE 00-0 REMOVED AND REPLACED WITH I ILL NEW CONCRETE APPROACH I LUEXISTING 20.0' TEMPORARY I CONST. EASEMENT (SAVING AND EXCEPTING EXISTING BUILDING STRUCTURES) I EXISTING APPROACH I TO BE REMOVED =� NEW U SIDEWALK TO BE INSTALLED (typ.) I EXISTING 8.00' PUBLIC ACCESS AND UTILITY EASEMENT LIMITS OF CONSTRUCTION WORK I EXISTING APPROACH TO BE I REMOVED AND REPLACED WITH NEW CONCRETE APPROACH I EXISTING WATER SERVICE TO REMAIN �I EXISTING EDGE OF ASPHALT —'�— EXISTING BACK OF CURB DECORATIVE LUMIN RE LED SIGNAIL STA 0 um ED m W D ry 1M O Z OWNER INFORMATION (CURRENT AS OF PRINTED DA CJ&J LLC 4 CANDLELIGHT DR. BOZEMAN, MT. 59718 LEGEND: PROPERTY BOUNDARY ® EXISTING EASEMENT PROPOSED STREETSCAPE EASEMENTS 315 N. 25th Street, Suite 102 v (PUBLIC ACCESS AND UTILITY/TEMPORARY CONSTRUCTION) LIMITS OF CONSTRUCTION WORK �® PROPOSED LUMINAIRE ■■Morrison PROPOSED CONCRETE BY: KDJ PROPOSED ASPHALT PROPOSED BOULEVARD 0 40 ( IN FEET ) NORTH 7TH AVENUE 315 N. 25th Street, Suite 102 v DRAWN BY: KDJ STREETSCAPE IMPROVEMENTS PROJECT NO. ■■Morrison Billings. MT 59101DSGN. BY: KDJ 0417.063 Maier -le f f 406.65 APPR BY: JCW BOZEMAN MT ® vnvw.m6..000 -..1700 DATE: 0312020 FIGURE NUMBER engineers , surveyors = planners . scientists OPttiHIBIT .0 CIGRT ^ t.'ORRISWlJ,�AIERLE. INC.I\'C.202 II TT N:\041-A063tACAD\Exhibits\EASEMENTS-H-11-2015.dwg Plotted by kem d. jacobsen on Mar/3/2020 11