Title
Resolution to Approve Agreements with 115 Depot, LLC and 201 Depot L.L.C. for Storm Water, Sidewalk and Temporary Construction Easements at 115 and 201 Depot Street for the Allen Creek Railroad Berm Opening Project (8 Votes Required)
Memorandum
115 Depot, LLC and 201 Depot L.L.C. are related entities that have agreed in principle to enter three related and cross-referenced agreements granting the City storm water, sidewalk, and temporary construction easements at 115 and 201 Depot Street that are essential for the Allen Creek Railroad Berm Opening Project. The agreements consist of a Master Agreement signed by all three parties and two separate Easement Agreements (one each for 115 Depot and 201 Depot respectively) signed by the City and the owner of the respective parcels.
The Allen Creek Railroad Berm Opening Project includes installing a culvert through the railroad berm to provide flood relief in the Depot Street area and an adjacent pedestrian tunnel to allow nonmotorized access connecting Depot Street to Argo Nature Area and the Border-to-Border Trail. The project is partly funded with federal and state grants.
It is required that the City obtain these easements (and the easement on 841 Broadway, which is also before Council on March 18, 2019) before the project can enter the MDOT bidding process. After going to bid, the project will be ready to proceed to the construction phase, which is anticipated to begin in the summer of 2019.
Background: Council has taken a number of actions in furtherance of this project, including:
On August 15, 2016, Council passed a resolution (R-16-331) to accept a $3,085,550 phased FEMA Hazard Mitigation Assistance Grant.
On January 3, 2017 Council passed a resolution (R-17-004) to authorize a $674,656.50 professional services agreement with Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C. (Bergmann) for the design of the project.
On March 20, 2017, Council passed a resolution ...
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