HomeMy WebLinkAbout11- Perpetual Use of Center Island at 11th & College roundabout Memorandum of Understanding with MSUMEMORANDUM of UNDERSTANDING
Montana State University
City of Bozeman
for
Long-term/Perpetual Use of Center Island
11'� Ave/College Street Roundabout
THIS AGREEMENT is made and entered into this I" day of May, 201 by and between the City of
Bozeman (City) and Montana State University (MSU).
I a I V.-M
WHEREAS, the City plans to construct a new roundabout at the intersection of I 11h Ave and College
Street adjacent to the MSU campus, and MSU supports the construction of this roundabout; and,
WHEREAS, the City and MSU have negotiated and executed right-of-way agreements (including fair
and reasonable compensation to MSU) to accommodate the construction of the roundabout; and,
WHEREAS, the compensation to MSU for the pertinent rights-of-way was reduced by the amount of
$53,670 (3,578 ft' x S15/ft) in exchange for the sole and perpetual use of the roundabout center island
by MSU;
THEREFORE, based on the above recitals and the terms and conditions stated in this agreement, the
parties agree as follows:
1. MSU will retain sole and perpetual use of the roundabout center island. However, said use shall not
constitute ownership interest in same.
2. The City will provide empty conduits to the center island for irrigation, electrical and other utility
use as part of the roundabout construction. MSU is responsible for the installation, maintenance, and
operating expenses of utilities provided to and within the center island.
3. Design of the center island landscaping, plantings, and other features, including the location and size
of any signs, monuments, sculptures, or similar elements, and any significant future modifications,
renovations, or upgrades are subject to review by University Facilities Planning Board (or similar
future university committee) and approval of the University President and City Engineering Division
prior to installation.
4. Prior to initial installation, and/or significant future modifications, renovations, and/or upgrade of
said landscape, plantings, and other features, MSU shall complete a City of Bozeman Encroachment
Permit if such permit is required into the future. This does not apply to general maintenance
procedures performed to roundabout landscaping, plantings, and other features and or elements.
5. Installation, maintenance, and operation of landscaping, plantings, and other features located within
the center island are the responsibility of MSU and shall be consistent with University campus
design guidelines and standards.
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6. MSU will keep the center island landscaping, plantings, and other features in a well - maintained
aesthetically pleasing, manicured condition, consistent with the campus maintenance procedures and
protocols.
7. The roundabout truck apron shall not be used for parking and/or staging area for service vehicles and
materials without prior authorization and mutual consent of both the City Engineering Division and
MSU Facility Services.
8. MSU will not hold the City liable for any damage occurring to landscape, plantings, and other
features located within the center island.
9. MSU will maintain site distance lines shown on the attached `Exhibit A' free of obstructions that
would hinder the safe passage of the roundabout by pedestrians, bicycles, vehicles, and /or other
users.
10. The City of Bozeman will maintain all roadway /traffic signage, street lighting systems, and roadway
markings associated with the roundabout consistent with City standards.
11. In the event MSU, by its own decision, terminates its perpetual use privilege there will be no
monetary exchange. Whereas if the city terminates the MOU, MSU will be compensated for the fair
market value less depreciation on a 20 year life -cycle
IN WITLESS WHEREOF, the parties hereto have executed this Agreement the day and year as written
below.
M NA STA'T'E UNIVERSITY
9 n d24 16 - / I (
Dr. a d Cruz o, resident (Dail)
RECOMMENDED FOR APPROVAL /
City Engineer (Date)
'Paeol3
L'j l
(Date)
CITY OF BOZEMAN College/l. 11h Roundabout Project
County of Gallatin
STATE OF MONTANA
)ss.
County of Gallatin
Parcel 3 — MSU @ SE Comer
On this 11 day of - Mex,,, 20 t I before me, a Notary Public for the State of
Montana, personally appear6d CHRIS KUKULSKI and STACY ULMEN, known to me to be
the City Manager and City Clerk for the City of Bozeman and the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same for
and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
Notary Public for State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: f /20
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