HomeMy WebLinkAboutMemorandum of Understanding with MSU for Center island of College & 11th Roundabout.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Project Engineer
Debbie Arkell, Director of Public Services
SUBJECT: Authorize City Manager to Sign a Memorandum of Understanding Between the City of Bozeman and Montana State University for the Long-term/Perpetual Use of the Center
Island of the College/11th Roundabout by MSU.
MEETING DATE: May 9, 2011
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager to Sign a Memorandum of Understanding
Between the City of Bozeman and Montana State University for the Long-term/Perpetual Use of
the Center Island of the College/11th Roundabout by MSU.
BACKGROUND: The right-of-way negotiations performed in good faith with Montana State
University (MSU’s) for the 11th/College roundabout contained consideration for MSU’s use of the center island of the facility for a themed campus entrance. In exchange for perpetual use of
the center island, city staff and MSU negotiated a $53,670 reduction in right-of-way cost. The
right-of-way agreement executed by both parties includes a provision that the parties execute a
Memorandum of Understanding (MOU) to formalize rights and responsibilities of the perpetual
use of the island.
The attached MOU was negotiated by city and MSU staff and has been executed by President
Waded Cruzado on behalf of MSU.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As recommended by the Commission.
FISCAL EFFECTS: Provision 11 of the MOU provides recompense to MSU in the event the
city terminates the MOU and reclaims use and maintenance of the center island. Should
extraordinary circumstances arise to compel the city to unilaterally terminate the MOU, MSU
will recover their $53,670 consideration, less depreciation on a 20-year lifecycle. Should MSU
unilaterally terminate the MOU, recompense will not be given.
Attachments: (3) Memorandum of Understanding
Report compiled on: April 29, 2011
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