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HomeMy WebLinkAboutC5. Access Agreements Bogert Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carolyn Poissant – Manager of Trails, Open Space and Parks Design and Development Mitch Overton – Director of Parks, Recreation and Cemetery SUBJECT: Access Agreements for Bozeman Creek Enhancement TOP Project MEETING DATE: January 25, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve six (6) temporary Access Agreements (Attachments A, B, C, D, E and F) with adjacent property owners to allow construction of improvements associated with the Bozeman Creek Enhancement at Bogert Park Trails, Open Space, and Parks Bond Project and authorize the City Manager to sign the appropriate documents. BACKGROUND: Resolution 4492 approved the allocation of Trails, Open Space and Parks (TOP) bond funding in an amount not to exceed $440,000 for the design and construction of stream channel enhancements along approximately 800 feet of the Bozeman Creek through Bogert Park to return it to a more ecologically sustainable condition, adding floodplain, hydraulic flow controls, and stabilizing vegetation to eliminate bank scouring. A new metal pedestrian bridge will be installed to replace the existing wooden bridge, and a small, barrier-free fishing platform will be installed near the Bogert pavilion. The widened creekbed will enhance safety and usability of the creek by reducing stream velocity during annual spring run-off and providing healthier habitat for fish and wildlife. The project is sponsored by the Bozeman Creek Enhancement Committee (BCEC), a partnership of city, state and federal agencies, community groups and individuals, including the Bozeman Parks and Recreation Department, Downtown Bozeman Partnership, Friends of Bogert Park, Gallatin Local Water Quality District, Gallatin Valley Land Trust, Greater Gallatin Watershed Council, Montana Fish, Wildlife and Parks, and Trout Unlimited. The project is consistent with the Bozeman Creek Enhancement Plan, adopted by the Bozeman City Commission on July 23, 2012, the Bogert Park Master Plan, the Downtown Improvement Plan and the Bozeman Community Plan. The Access Agreements (Attachments A – F) grant access to the City to construct the streambed and riparian floodplain improvements as designed and permitted by federal and state authorities in and along Bozeman Creek in Bogert Park. 137 UNRESOLVED ISSUES: We expect final approvals from federal and state agencies (Federal Emergency Management Agency, Army Corps of Engineers, and Montana Department of Natural Resources) within 60 days. The project will be competitively bid in March. ALTERNATIVES: The work as design requires these approvals. Working outside of the adjacent property boundaries would be cost-prohibitive and not have the same restorative effects. FISCAL EFFECTS: There is no cost associated with the Access Agreements (i.e., none of the property owners requested compensation). The Parks Department will provide on-going maintenance of the improvements as needed. ATTACHMENTS: Attachment A – Access Agreement for 306 Lindley Place Attachment B – Access Agreement for 316 Lindley Place Attachment C – Access Agreement for 320 Lindley Place Attachment D – Access Agreement for 322 Lindley Place Attachment E – Access Agreement for 326 Lindley Place Attachment F – Access Agreement for 310. E. Koch Street Report compiled on: January 11, 2016 138 ACCESS AGREEMENT Ms. Linda R. Best, as Owner of property located at 306 Lindley Place, described as LOT 9 AND A PORTION OF LOT 10 OF LINDLEY AND GUY’S ADDITION TO BOZEMAN, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANTA (Property) grants the City of Bozeman (City) and its authorized consultants and contractors, access to the Property, as reasonable and necessary to realign a portion of Bozeman Creek as part of the Bozeman Creek Enhancement at Bogert Park Project. The project limits of work associated with the subject property are provided in Exhibit “A” and further described in Section 1 below. 1. Grant of Access. Owner grants the City access reasonably necessary to regrade a portion of the existing channel bed through the Owner’s property and to construct a rock toe along a section of the bank within the Owner’s property as part of the Bozeman Creek Enhancement at Bogert Park Project. Construction activities will be performed primarily with tracked excavators. Other heavy equipment such as tracked skid steers, rock haul trucks, and loaders may also be necessary to manage materials. All excavation equipment will operate from either the east bank of Bozeman Creek or in the channel bed. No heavy equipment will be allowed to operate from the west bank of the existing channel. The activities necessary to perform the work (“Permitted Activities”) shall include: a. Construction of a rock toe along the base of the west bank between stations 4+59 – 4+75. The toe of the west bank will be excavated to a depth of approximately 3’ below the channel bed and a 2’ thick layer of large cobble will be placed along the bank to provide erosion/scour protection. b. Channel Regrading. The existing stream bed will be regraded between stations 4+01 - 4+38. An excavator will remove bed material from the channel to a maximum depth of 1’ below existing bed. The west bank and vegetation along the west bank will be unaffected by this operation. c. Revegetation channel banks. Plants and shrubs will be planted along the lower portion of the existing west bank as shown in the construction plans dated 7/15/15. d. Any disturbed soils along the bank will be seeded with an appropriate seed mix to establish vegetation. 2. Term of Agreement. This Agreement shall be in effect for two (2) years from the date of execution, unless extended by agreement of the Parties. 3. Notice. The City shall contact Owner(s) to arrange for access to the Property as provided for herein. City Contact: Attn: Carolyn Poissant Manager of Trails, Open Space and Parks Design and Development City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 Owner: Linda R. Best 306 Lindley Place Bozeman, MT 59715-4835 Email:______________________________Phone: _________________ 139 4. Design. Prior to installation the City shall provide Owner(s) with final design plans and shall obtain Owner(s)’ written approval to proceed. The Permitted Activities will be designed to maximize effectiveness with minimal impact to the Property. 5. Installation Costs. The City shall ensure that no liens or encumbrances related to the Permitted Activities are placed on the Property and shall be responsible for all costs associated with the Permitted Activities. 6. Termination. At any time 60-days prior to the end of any Agreement term then in effect either party may, upon 60-days written notice to the other, terminate this Agreement. Upon termination, unless otherwise agreed to by the parties, the City of Bozeman agrees that it will repair any damage to the Property that might have been caused in connection with any of the Permitted Activities, and to the extent reasonably possible return the Property to the condition it was in before Permitted Activities were conducted. 7. Binding on Successors. This Agreement is binding on the Parties and any person succeeding to the Parties’ respective interests including agents, tenants, heirs, and assigns. Owner agrees to disclose this Agreement to any person or entity holding or accepting any interest in the Property. 8. Release. Owner releases and discharges the City from all claims for debt or damages sustained by owner or existing in owner’s favor, to the property and property rights on Bozeman Creek, whether previously or in the future to be sustained or to accrue on account of the Permitted Activities. ___________________________________________________ Date:____________________ Linda R. Best, Owner (Print Name) 306 Lindley Place Bozeman, MT 59715 ____________________________________________________ Signature ___________________________________________________ Date:____________________ City of Bozeman Chris A. Kukulski, City Manager ____________________________________________________ Signature 140 141 ACCESS AGREEMENT Lindley LLC / Mark Haynes, as Owner of property located at 316 Lindley Place, and described as LOTS 11 AND A PORTION OF LOT 10 OF LINDLEY AND GUY’S ADDITION TO BOZEMAN, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA (Property) grant the City of Bozeman (City) and its authorized consultants and contractors, access to the Property, as reasonable and necessary to realign a portion of Bozeman Creek as part of the Bozeman Creek Enhancement at Bogert Park Project. The project limits of work associated with the subject property are provided in Exhibit “A” and further described in Section 1 below. 1. Grant of Access. Owner(s) grant the City access reasonably necessary to realign a portion of Bozeman Creek as part of the Bozeman Creek Enhancement at Bogert Park Project. Construction activities will be performed primarily with tracked excavators. Other heavy equipment such as tracked skid steers, rock haul trucks, and loaders may also be necessary to manage materials. All excavation equipment for the channel work will operate from either the east bank of Bozeman Creek or in the channel bed. No heavy equipment associated with the channel work will be allowed to operate from the west bank of the existing channel. The activities necessary to perform the work (“Permitted Activities”) shall include: a. Removal of existing trees as shown on Exhibit “A”. Trees will be removed and hauled off- site. b. Construction of a new bank along the west bank of the realigned channel between stations and 4+75 – 5+17. The bank construction will consist of placement of rock cobbles to construct the toe of the bank, followed by construction of coir fabric encapsulated coir lifts to form the upper bank. c. Pool Construction. A pool will be excavated between stations 4+85 – 5+16. d. Construction of a floodplain bench on the inside of the newly constructed meander between stations 5+00 and 5+34. The floodplain will be constructed in the existing channel bed and excavated area between the west bank of the existing channel and west bank of the newly constructed channel. The area will be filled with cobble, and capped with topsoil to construct a floodplain. e. Revegetation of newly constructed floodplain and channel banks. The newly constructed floodplain will be seeded with an appropriate seed mix to establish vegetation. Plants and shrubs will be planted as shown in the construction plans dated 7/15/15. f. Realignment of existing overhead electric power line. The existing overhead electrical service originating at the power pole located in the northeast corner of the owner’s property and serving Bogert Park shall be realigned as shown on the project plans. The realignment may require utility company access into the owner’s backyard via the owner’s driveway. 2. Term of Agreement. This Agreement shall be in effect for two (2) years from the date of execution, unless extended by agreement of the Parties. 3. Notice. The City shall contact Owner(s) to arrange for access to the Property as provided for herein. City Contact: Attn: Carolyn Poissant Manager of Trails, Open Space and Parks Design and Development City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 cpoissant@bozeman.net Phone: 406.582.2908 142 Owner Contact: Name _________________________________ Address________________________________ _________________________________ Email: _________________________________ Phone: _________________________________ 4. Design. Prior to installation the City shall provide Owner(s) with final design plans and shall obtain Owner(s)’ written approval to proceed. The Permitted Activities will be designed to maximize effectiveness with minimal impact to the Property. 5. Installation Costs. The City shall ensure that no liens or encumbrances related to the Permitted Activities are placed on the Property and shall be responsible for all costs associated with the Permitted Activities. 6. Termination. At any time 60-days prior to the end of any Agreement term then in effect either party may, upon 60-days written notice to the other, terminate this Agreement. Upon termination, unless otherwise agreed to by the parties, the City of Bozeman agrees that it will repair any damage to the Property that might have been caused in connection with any of the Permitted Activities, and to the extent reasonably possible return the Property to the condition it was in before Permitted Activities were conducted. 7. Binding on Successors. This Agreement is binding on the Parties and any person succeeding to the Parties’ respective interests including agents, tenants, heirs, and assigns. Owner agrees to disclose this Agreement to any person or entity holding or accepting any interest in the Property. 8. Release. Owner releases and discharges the City from all claims for debt or damages sustained by owner or existing in owner’s favor, to the property and property rights on Bozeman Creek, whether previously or in the future to be sustained or to accrue on account of the Permitted Activities. _____________________________________________________________________________ Lindley LLC, Mark Haynes, Owner (Printed Name) 316 Lindley Place Bozeman, MT 59715 _______________________________________________________Date:_________________ Signature _______________________________________________________Date:_________________ City of Bozeman Chris A. Kukulski, City Manager _______________________________________________________ Signature 143 144 ACCESS AGREEMENT SAAM REAL ESTATE C/O GALLARDO TRUST_, as Owner(s) of property located at 320 Lindley Place, and described as LINDLEY AND GUY ADD,S07,T02S, R06 E,BLOCKB, ACRES0.24,TRACT1 PLATC-10-C LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA (Property) grant the City of Bozeman (City) and its authorized consultants and contractors, access to the Property, as reasonable and necessary to realign a portion of Bozeman Creek as part of the Bozeman Creek Enhancement at Bogert Park Project. The project limits of work associated with the subject property are provided in Exhibit “A” and further described in Section 1 below. 1. Grant of Access. Owner(s) grant the City access reasonably necessary to realign a portion of Bozeman Creek as part of the Bozeman Creek Enhancement at Bogert Park Project. Construction activities will be performed primarily with tracked excavators. Other heavy equipment such as tracked skid steers, rock haul trucks, and loaders may also be necessary to manage materials. All excavation equipment will operate from either the east bank of Bozeman Creek or in the channel bed. No heavy equipment will be allowed to operate from the west bank of the existing channel. The activities necessary to perform the work (“Permitted Activities”) shall include: a. Removal of existing trees as shown on Exhibit “A”. Trees will be removed and hauled off-site. b. Construction of a new bank along the west bank of the realigned channel between stations and 6+23 – 7+00. The bank construction will consist of placement of rock cobbles to construct the toe of the bank, followed by construction of coir fabric encapsulated coir lifts to form the upper bank. c. Construction of a floodplain bench on the inside of the newly constructed meander between stations 5+35 and 6+83. The floodplain will be constructed in the existing channel bed and excavated area between the west bank of the existing channel and west bank of the newly constructed channel. The area will be filled with cobble, and capped with topsoil to construct a floodplain. d. Revegetation of newly constructed floodplain and channel banks. The newly constructed floodplain will be seeded with an appropriate seed mix to establish vegetation. Plants and shrubs will be planted as shown in the construction plans dated 7/15/15. 2. Term of Agreement. This Agreement shall be in effect for two (2) years from the date of execution, unless extended by agreement of the Parties. 3. Notice. The City shall contact Owner(s) to arrange for access to the Property as provided for herein. City Contact: Attn: Carolyn Poissant Manager of Trails, Open Space and Parks Design and Development City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 cpoissant@bozeman.net Phone: 406.582.2908 Owner Contact: Name _________________________________ 145 Address________________________________ _________________________________ _________________________________ Email: _________________________________ Phone: _________________________________ 4. Design. Prior to installation the City shall provide Owner(s) with final design plans and shall obtain Owner(s)’ written approval to proceed. The Permitted Activities will be designed to maximize effectiveness with minimal impact to the Property. 5. Installation Costs. The City shall ensure that no liens or encumbrances related to the Permitted Activities are placed on the Property and shall be responsible for all costs associated with the Permitted Activities. 6. Termination. At any time 60-days prior to the end of any Agreement term then in effect either party may, upon 60-days written notice to the other, terminate this Agreement. Upon termination, unless otherwise agreed to by the parties, the City of Bozeman agrees that it will repair any damage to the Property that might have been caused in connection with any of the Permitted Activities, and to the extent reasonably possible return the Property to the condition it was in before Permitted Activities were conducted. 7. Binding on Successors. This Agreement is binding on the Parties and any person succeeding to the Parties’ respective interests including agents, tenants, heirs, and assigns. Owner agrees to disclose this Agreement to any person or entity holding or accepting any interest in the Property. 8. Release. Owner releases and discharges the City from all claims for debt or damages sustained by owner or existing in owner’s favor, to the property and property rights on Bozeman Creek, whether previously or in the future to be sustained or to accrue on account of the Permitted Activities. ___________________________________________________________________________ Owner’s Authorized Representative(s) (Print Name) _______________________________________________________________ Date:_______ Signature (s) ____________________________________________________Date:____________________ City of Bozeman Chris A. Kukulski, City Manager ____________________________________________________ Signature 146 147 ACCESS AGREEMENT BLACK LOA LLC____________________, as Owner(s) of property located at 322 Lindley Place, and described as LINDLEY AND GUY ADD, S07, T02 S,R06E,BLOCKB,Lot13,ACRES0.238,S4.5' DIXON TRACT B, PLAT C-10 LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA (Property) grant the City of Bozeman (City) and its authorized consultants and contractors, access to the Property, as reasonable and necessary to realign a portion of Bozeman Creek as part of the Bozeman Creek Enhancement at Bogert Park Project. The project limits of work associated with the subject property are provided in Exhibit “A” and further described in Section 1 below. 1. Grant of Access. Owner(s) grant the City access reasonably necessary to realign a portion of Bozeman Creek as part of the Bozeman Creek Enhancement at Bogert Park Project. Construction activities will be performed primarily with tracked excavators. Other heavy equipment such as tracked skid steers, rock haul trucks, and loaders may also be necessary to manage materials. All excavation equipment will operate from either the east bank of Bozeman Creek or in the channel bed. No heavy equipment will be allowed to operate from the west bank of the existing channel. The activities necessary to perform the work (“Permitted Activities”) shall include: a. Removal of existing trees as shown on Exhibit “A”. Trees will be removed and hauled off-site. b. Construction of a new bank along the west bank of the realigned channel between stations and 6+23 – 7+00. The bank construction will consist of placement of rock cobbles to construct the toe of the bank, followed by construction of coir fabric encapsulated coir lifts to form the upper bank. c. Construction of a floodplain bench on the inside of the newly constructed meander between stations 5+35 and 6+83. The floodplain will be constructed in the existing channel bed and excavated area between the west bank of the existing channel and west bank of the newly constructed channel. The area will be filled with cobble, and capped with topsoil to construct a floodplain. d. Revegetation of newly constructed floodplain and channel banks. The newly constructed floodplain will be seeded with an appropriate seed mix to establish vegetation. Plants and shrubs will be planted as shown in the construction plans dated 7/15/15. 2. Term of Agreement. This Agreement shall be in effect for two (2) years from the date of execution, unless extended by agreement of the Parties. 3. Notice. The City shall contact Owner(s) to arrange for access to the Property as provided for herein. City Contact: Attn: Carolyn Poissant Manager of Trails, Open Space and Parks Design and Development City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 cpoissant@bozeman.net Phone: 406.582.2908 148 Owner Contact: Name _________________________________ Address________________________________ _________________________________ _________________________________ Email: _________________________________ Phone: _________________________________ 4. Design. Prior to installation the City shall provide Owner(s) with final design plans and shall obtain Owner(s)’ written approval to proceed. The Permitted Activities will be designed to maximize effectiveness with minimal impact to the Property. 5. Installation Costs. The City shall ensure that no liens or encumbrances related to the Permitted Activities are placed on the Property and shall be responsible for all costs associated with the Permitted Activities. 6. Termination. At any time 60-days prior to the end of any Agreement term then in effect either party may, upon 60-days written notice to the other, terminate this Agreement. Upon termination, unless otherwise agreed to by the parties, the City of Bozeman agrees that it will repair any damage to the Property that might have been caused in connection with any of the Permitted Activities, and to the extent reasonably possible return the Property to the condition it was in before Permitted Activities were conducted. 7. Binding on Successors. This Agreement is binding on the Parties and any person succeeding to the Parties’ respective interests including agents, tenants, heirs, and assigns. Owner agrees to disclose this Agreement to any person or entity holding or accepting any interest in the Property. 8. Release. Owner releases and discharges the City from all claims for debt or damages sustained by owner or existing in owner’s favor, to the property and property rights on Bozeman Creek, whether previously or in the future to be sustained or to accrue on account of the Permitted Activities. ___________________________________________________________________________ Gallardo Trust – Owner’s Authorized Representative(s) (Print Name) _______________________________________________________________ Date:_______ Signature (s) ____________________________________________________Date:____________________ City of Bozeman Chris A. Kukulski, City Manager ____________________________________________________ Signature 149 150 ACCESS AGREEMENT SAAM REAL ESTATE C/O GALLARDO TRUST_, as Owner(s) of property located at 326 Lindley Place, and described as LINDLEY AND GUY ADD, S07, T02 S, R06 E, BLOCK B, Lot12, ACRES 0.248, PLATJ-316 LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA (Property) grant the City of Bozeman (City) and its authorized consultants and contractors, access to the Property, as reasonable and necessary to realign a portion of Bozeman Creek as part of the Bozeman Creek Enhancement at Bogert Park Project. The project limits of work associated with the subject property are provided in Exhibit “A” and further described in Section 1 below. 1. Grant of Access. Owner(s) grant the City access reasonably necessary to realign a portion of Bozeman Creek as part of the Bozeman Creek Enhancement at Bogert Park Project. Construction activities will be performed primarily with tracked excavators. Other heavy equipment such as tracked skid steers, rock haul trucks, and loaders may also be necessary to manage materials. All excavation equipment will operate from either the east bank of Bozeman Creek or in the channel bed. No heavy equipment will be allowed to operate from the west bank of the existing channel. The activities necessary to perform the work (“Permitted Activities”) shall include: a. Removal of existing trees as shown on Exhibit “A”. Trees will be removed and hauled off-site. b. Construction of a new bank along the west bank of the realigned channel between stations and 6+23 – 7+00. The bank construction will consist of placement of rock cobbles to construct the toe of the bank, followed by construction of coir fabric encapsulated coir lifts to form the upper bank. c. Construction of a floodplain bench on the inside of the newly constructed meander between stations 5+35 and 6+83. The floodplain will be constructed in the existing channel bed and excavated area between the west bank of the existing channel and west bank of the newly constructed channel. The area will be filled with cobble, and capped with topsoil to construct a floodplain. d. Revegetation of newly constructed floodplain and channel banks. The newly constructed floodplain will be seeded with an appropriate seed mix to establish vegetation. Plants and shrubs will be planted as shown in the construction plans dated 7/15/15. 2. Term of Agreement. This Agreement shall be in effect for two (2) years from the date of execution, unless extended by agreement of the Parties. 3. Notice. The City shall contact Owner(s) to arrange for access to the Property as provided for herein. City Contact: Attn: Carolyn Poissant Manager of Trails, Open Space and Parks Design and Development City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 cpoissant@bozeman.net Phone: 406.582.2908 Owner Contact: Name _________________________________ 151 Address________________________________ _________________________________ _________________________________ Email: _________________________________ Phone: _________________________________ 4. Design. Prior to installation the City shall provide Owner(s) with final design plans and shall obtain Owner(s)’ written approval to proceed. The Permitted Activities will be designed to maximize effectiveness with minimal impact to the Property. 5. Installation Costs. The City shall ensure that no liens or encumbrances related to the Permitted Activities are placed on the Property and shall be responsible for all costs associated with the Permitted Activities. 6. Termination. At any time 60-days prior to the end of any Agreement term then in effect either party may, upon 60-days written notice to the other, terminate this Agreement. Upon termination, unless otherwise agreed to by the parties, the City of Bozeman agrees that it will repair any damage to the Property that might have been caused in connection with any of the Permitted Activities, and to the extent reasonably possible return the Property to the condition it was in before Permitted Activities were conducted. 7. Binding on Successors. This Agreement is binding on the Parties and any person succeeding to the Parties’ respective interests including agents, tenants, heirs, and assigns. Owner agrees to disclose this Agreement to any person or entity holding or accepting any interest in the Property. 8. Release. Owner releases and discharges the City from all claims for debt or damages sustained by owner or existing in owner’s favor, to the property and property rights on Bozeman Creek, whether previously or in the future to be sustained or to accrue on account of the Permitted Activities. ___________________________________________________________________________ Owner’s Authorized Representative(s) (Print Name) _______________________________________________________________ Date:_______ Signature (s) ____________________________________________________Date:____________________ City of Bozeman Chris A. Kukulski, City Manager ____________________________________________________ Signature 152 153 ACCESS AGREEMENT Ms. Jacqueline P. Persons, as Owner of property located at 310 E. Koch Street, described as LOT B IN GUYS 2ND ADDITION TO BOZEMAN, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA (Property) grants the City of Bozeman (City), and its authorized consultants, and contractors access to the Property, as reasonable and necessary to realign a portion of Bozeman Creek as part of the Bozeman Creek Enhancement at Bogert Park Project. The project limits of work associated with the subject property are provided in Exhibit “A” and further described in Section 1 below. 1. Grant of Access. Owner grants the City access reasonably necessary to construct a pool within the owner’s portion of Bozeman Creek as part of the Bozeman Creek Enhancement at Bogert Park Project. The pool will be excavated between stations 8+40 and 9+00. All work associated with the pool excavation (“Permitted Activities”) will be performed within the existing channel and will not impact the west bank or vegetation on the west bank. Owner(s) also grant the City access reasonably necessary to construct a high flow swale adjacent to the east of the owner’s property. Construction activities will be performed primarily with tracked excavators. Other heavy equipment such as tracked skid steers, rock haul trucks, and loaders may also be necessary to manage materials. All excavation equipment will operate from either the east bank of Bozeman Creek or in the channel bed. No heavy equipment will be allowed to operate from the west bank of the existing channel. 2. Term of Agreement. This Agreement shall be in effect for TWO (2) years from the date of execution, unless extended by agreement of the Parties. 3. Notice. The City shall contact Owner(s) to arrange for access to the Property as provided for herein. City Contact: Attn: Carolyn Poissant Manager of Trails, Open Space and Parks Design and Development City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 cpoissant@bozeman.net Phone: 406.582.2908 Owner Contact: Name _________________________________ Address________________________________ _________________________________ _________________________________ Email: _________________________________ Phone: _________________________________ 4. Design. Prior to installation the City shall provide Owner(s) with final design plans and shall obtain Owner(s)’ written approval to proceed. The Permitted Activities will be designed to maximize effectiveness with minimal impact to the Property. 154 5. Installation Costs. The City shall ensure that no liens or encumbrances related to the Permitted Activities are placed on the Property and shall be responsible for all costs associated with the Permitted Activities. 6. Termination. At any time 60-days prior to the end of any Agreement term then in effect either party may, upon 60-days written notice to the other, terminate this Agreement. Upon termination, unless otherwise agreed to by the parties, the City of Bozeman agrees that it will repair any damage to the Property that might have been caused in connection with any of the Permitted Activities, and to the extent reasonably possible return the Property to the condition it was in before Permitted Activities were conducted. 7. Binding on Successors. This Agreement is binding on the Parties and any person succeeding to the Parties’ respective interests including agents, tenants, heirs, and assigns. Owner agrees to disclose this Agreement to any person or entity holding or accepting any interest in the Property. 8. Release. Owner releases and discharges the City from all claims for debt or damages sustained by owner or existing in owner’s favor, to the property and property rights on Bozeman Creek, whether previously or in the future to be sustained or to accrue on account of the Permitted Activities. ___________________________________________________ Date:____________________ Jacqueline P. Persons, Owner (Printed Name) 310 E. Koch Street Bozeman, MT 59715 __________________________________________________ Signature ___________________________________________________ Date:____________________ City of Bozeman Chris A. Kukulski, City Manager ___________________________________________________ Signature 155 156