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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. Page 1 of 3 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 1.%jrV Klss-]EL tj I-ARV I, I- I C: T- F- r X X Page 3 of 3