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HomeMy WebLinkAbout15- DMC Properties, LLC for North 7th Avenue Lighting ImprovementsMOU between The City of Bozeman and DMC Properties, LLC. CITY OF BOZEMAN Economic Development Department and the North 7th Urban Renewal Board MEMORANDUM OF UNDERSTANDING 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 ih 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 ih 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 Page 11 I l MOU between The City of Bozeman and DMC Properties, LLC. 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 ih 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 ih 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 4.5-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 ih Avenue that will be perpetuated. The existing parking curbs will be relocated west approximately 1-ft to 2-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 Page 12 MOU between The City of Bozeman and DMC Properties, LLC. 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 Facade 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. Page I 3 MOU between The City of Bozeman and DMC Properties, LLC. PART 8-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 Dol-vL;1( r~ , 20.J.[. 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 ~A.7~ By: Title: Page 14 MOU between The City of Bozeman and DMC Properties, LLC. ' ( ' " , ; /; DMC PROPERTIES, LLC. ~ (?µz;;:. · By: Dennis Cattin Title: Registered Agent Page I 5 • ' 1·. EXHIBIT QQ A 8.0 FOOT WIDE EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF THE NORTH 40 FEET OF LOT 7, LOT 8 & 9, BLOCK 2, DURSTON'S SECOND SUBDIVISION, PLAT E-33, SITUATED IN THE SE1/4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. HYDRANT TO BE RELOCATED ··. TO BOULEVARD.(+/-3 FEET) EXISTING ELECTRIC BOX (BURIED) · AND WATER SERVICETO REMAIN \_019 .. REMOVE AND REPLACE SIDEWALK. MATCH MATERIALS AND .GRADES AS NE.0ESSARY . .. ·. :~· , .. · ffecj DECORATIVE LUMINA ' \\. TO BE INSTALLED :NEW BOULEVARD.(ty EXISTING SJDEWAlK TO BE REMOVED . REPLACED WJTHNEW 4'-5" LANDSCAP · (GRASS) BOULEVARD (typ.) • · . · · ·(6, s ·.·::; · REMOVE EXST. SIDEWALK ANO DRAINAGE CHASE .. INSTALL NEW CITY STANDARD SIDEWALK CHASE, 48'' DRYWELL AND 12l'PVC.DRAIN PIPl=.TO DOWN SPOUT . i".Nlw 6' SIDJ=WAL .;lTO BE INSTAL.LE . ~ •. , .. <(typ.) .. · .... OWNER INFORMATION (CURRENT AS OF PRINTED DATE): DMC PROPERTIES LLC P.O. BOX 1407 BOZEMAN, MT. 59771-1407 EASEMENT AREA= 1254.9 SQUARE FEET LEGEND: K'<.A'<J EXISTING EASEMENT - - -PROPOSED EASEMENT Do APPROXIMATE LUMINAIRE LOCATION 9 IIII APPROXIMATE METER/HANDHOLE ~ LOCATION 0 30 r--~ ( IN FEET ) SURVEYOR'S CERTIFICATE I, Jon C. Wilkinson, Professional Land Surveyor, do hereby certify that I conducted this easement survey. Jon C. Wilkinson, PLS, CFedS MT Reg. No.16411LS Morrison-Maierle, Inc. Aerial is from City of Bozeman 2012 and Is best fit. MORRISON !::";: 901 Technology Bi-Id. Bozeman MT 59718 oRAWNBY:_o_s _ NORTH 7TH AVENUE PROJECT NO, 0417.063 MAIERLE, INC, !~~:~!! An Hmploycc+0117led Company Phono: (406) 587-0721 Fax: (406) 587-1176 COPYRlGHTt.MOORISOU-WJJERLE, Ill¢ .. 2015 N:\04171063\ACAD\Exhlbits\EASEMENTS.JJ.NN-2014.dwg Plotted by kevln)ecobsen on Sep/7/2015 HK"D BY JCV.I LIGHTING IMPROVEMENTS c . '-==----BOZEMAN MONTANA APPR. BY:_,!,;Y!__. L!;!::::!::.!::.!!!!:~-------------....!!!::::.:.!.:..:..:!."-'-f-F-JG-UR-E-NU_M_BE-R-l EXHIBITQQ QQ I I