HomeMy WebLinkAboutParcel QQ MOU 10-8-15MOU between The City of Bozeman and DMC Properties, LLC.
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CITY OF BOZEMAN Economic Development Department
and the North 7th Urban Renewal Board MEMORANDUM OF UNDERSTANDING
PROJECT NAME: North 7th
Avenue Lighting Improvements
PROJECT #: 4524.11402.03 /
0417.063
PARCEL #: QQ
MEMORANDUM OF UNDERSTANDING Between and Among
DMC PROPERTIES, LLC., OWNER OF PARCEL QQ, AND
THE CITY OF BOZEMAN
This Memorandum of Understanding (MOU) is hereby made and entered into by, between, and
among DMC Properties, LLC. 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
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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 North 7th
Urban Renewal Board (NSURB) is in the process of completing three separate phases of the
project, Phase 1 being completed in 2014. NSURB is in the final design and right-of-way (R/W)
acquisition activities for Phases 2 and 3 with Phase 2 beginning construction in the summer of
2015.
E. DETAILED PROJECT INFORMATION
Costs
This project is being funded through the NSURB tax increment fund (TIF). Except as provided
all related project improvements, including the relocation of private property (where applicable),
will be covered by the project funding. The TIF that is paying for the project improvements is
collected via taxes on properties included within the North 7th Urban Renewal District (NSURD).
Private underground irrigation systems for any landscaping areas are not included in the project
costs unless explicitly noted in this agreement.
The NSURB agrees to include the direct and incidental costs related to removing the existing
private pole sign and installing a new compliant sign with this project, with a not to exceed
(NTE) construction amount of $20,000.00. Direct and incidental costs incurred for the private
sign work over the agreed NTE amount will be covered by DMC Properties, LLC. at their own
expense.
Improvements
A new 6-ft sidewalk and 5-ft boulevard will be installed in front the DMC Properties, LLC,
property shown as Parcel QQ. The boulevard will be installed with new sod and the existing
underground irrigation system will be modified to irrigate the boulevard area. New trees or other
specific landscaping shrubs, bushes, etc. are not required with this project in the boulevard
area.
The existing site surface drainage characteristics will be maintained or modified as shown on
Exhibit QQ. An existing drainage chase from the building will be perpetuated, but will include a
new dry well in-line installed outside the proposed sidewalk. The drainage chase portion in
direct conflict with the new sidewalk location will be replaced to serve as an over-flow for
drainage during peak runoff periods downstream of the new dry well.
Parcel QQ incorporates one private approach which will be replaced following current City
design guides at the same location and width as the existing approach, as shown on the
attached Exhibit QQ. The approach serves a private off-street parking area adjacent to North
7th Avenue that will be perpetuated. The existing parking curbs will be relocated west
approximately 1-ft to provide the required standard parking length for the parking lot.
The existing sidewalk chase in the southeast corner of the property will be removed. A new dry
well will be located outside the new sidewalk area for roof drainage from the on-site building via
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a new drain pipe. The existing paved parking area and alleyway that is disturbed due to the
drainage installation improvements will be replaced.
A small portion of the existing landscaping area around the existing sign will be impacted by this
project. The overall surface area of the existing landscaping will not be reduced with this
project. The area of existing landscaping that is removed will be installed adjacent to the
existing landscaping area outside the project impact area.
All existing street luminaires in the project corridor 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 areas where applicable. Parcel QQ will have one new
decorative luminaire installed in the boulevard, as shown on the attached Exhibit QQ.
All project improvements have a one year warranty unless specified otherwise in the
construction contract documents.
Public Access Easement
To allow access to the new sidewalk adjacent to Parcel QQ, a new public access easement 8-ft
wide is required, as shown on the attached Exhibit QQ.
Signs and Façade
The existing private sign will be removed and replaced with a compliant sign located outside of
the proposed easement area. All direct incidental work to relocate the sign including a new sign
foundation, power service, sod replacement, irrigation system modifications, etc. will be
completed with this project. The new sign will be installed south from the existing sign location
at a location agreed by both parties to this document. The new sign will be installed prior to the
removal of the existing sign.
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 this
agreement, the construction plans, including but not limited to sidewalk removal and
installation, boulevard and landscaping installation, luminaire installation, and project
administration.
3. 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.
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PART B – DMC PROPERTIES, LLC.
ASSIGNMENTS TO BE PERFORMED BY DMC PROPERTIES, LLC. AT DMC PROPERTIES,
LLC.’S EXPENSE:
1. DMC Properties, LLC. agrees to provide the public access easement for the parcel as
shown on the attached Exhibit QQ.
2. DMC Properties, LLC. agrees to maintain the sidewalk and boulevard area adjacent to
their property following City of Bozeman ordinances. Maintenance activities include
replacing damaged sidewalk, removing snow during the cold months, and maintaining
the landscaping vegetation at the private property owner’s expense (Unified
Development Code: Sec. 34.04.020; Sec. 34.06.020; Sec. 38.23.070).
PART C- IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
1. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU is effective
________________, 20__. 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
121 N Rouse
P.O. Box 1230
Bozeman, MT 59771-1230
Phone: (406) 582-2321
Fax: (406) 582-2344
DMC Properties, LLC.
c/o Dennis Cattin
P.O. Box 1407
Bozeman, MT 59771-1407
Phone: (406) 580-5423
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.
THE PARTIES HERETO have executed this instrument.
CITY OF BOZEMAN
____________________________ Date: __________________________
By: Title:
MOU between The City of Bozeman and DMC Properties, LLC.
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ATTEST:
____________________________ Date: __________________________
By: Title:
DMC PROPERTIES, LLC.
____________________________ Date: __________________________
By: Dennis Cattin
Title: Registered Agent
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Attach Parcel QQ Exhibit