ITEM 113-1001-R1101�� ATTACHMENT��������������������������������������                                         November 15-16, 2001

 

Memorandum of Understanding

Storm Drainage Facilities

 

By

 

The University of Montana

 

City of Missoula

 

In recognition that the City of Missoula intends to construct storm drainage and flood retention facilities to mitigate a longtime flooding problem that has historically at times occurred across University of Montana property along South Higgins Avenue, The University of Montana (UM) and City of Missoula (City) agree that:

 

1.�� This Memorandum of Understanding establishes an understanding that UM would grant an easement for City to construct storm drainage and flood retention facilities along South Higgins Avenue on 3.25 (3.43) acres of undeveloped� land owned by University. This proposed flood control project includes a detention/siltation pond at terminus of Pattee Creek in the northeast quadrant of the Higgins Avenue and Pattee Canyon Drive intersection, a dike along south boundary of the University�s property, and reclaiming 200 feet of Pattee Creek. The pond will serve as retention and settling facility for the storm water prior to entering a 60� diameter storm pipe. The dike will help prevent floodwater from entering the University�s property. A portion of the 3.25 (3.43) acres subject to easement (0.96 acres) is contained within the existing roadway easement.

 

2.�� The City would obtain all funding and permits necessary for the project and would engineer, design, and construct the facilities.

 

3.       The City would be responsible for recording the easement at the Missoula County Clerk and Recorder�s office and for assuming the costs of such recording, if any, with Missoula County.

 

General Considerations

The undersigned parties agree that:

 

A.�� The City provides annual and �as needed� maintenance for the flood control facilities.

 

B.�� The City will defend, indemnify, and save the University harmless from all legal claims and costs arising out of the construction, operation and maintenance of these facilities by the City or City actions except for acts or omissions arising out of actions of the University or matters or areas of University responsibility.

 

C.�� The City will follow recognized engineering and permitting standards for construction of these flood control facilities.

 

D.�� The property subject to this easement will revert back to the University immediately without the easement if the City or any City successor assigns decides it no longer wishes to maintain the facilities.

 

Dated this�������������������������������� day of�������������������������������������������������������������� � 2001

The University of Montana		Approved as to Form and Content �This Agreement is subject of Board of Regents Approval
George M. Dennison, President		UM Legal Counsel

 

I, ______________________________, Clerk of the CITY of MISSOUILA, do certify that the above mentioned agreement was regularly adopted by the CITY COUNCIL at a meeting thereof held on the _______________________day of� ________________,2001, and the COUNCIL authorized the Mayor to sign this agreement on behalf of the said COUNCIL.

 

City of Missoula		Approved as to Form and Content
Mike Kadas, Mayor		CITY Attorney