HomeMy WebLinkAbout17- Impact Fee Payment Agreement - Cannery District Partners, LLC - Oak Street Improvements r
CITY OF BOZEMAN IMPACT FEE PAYMENT AGREEMENT
W
THIS AGREEMENT ("Agreement") is made and entered into this —4:� day of
+ 2017, by and between the CITY OF BOZEMAN a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, City
Hall, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as "Cily," and CANNERY DISTRICT
PARTNERS, LLC, a Montana limited liability company, 113 East Oak Street, Suite 4-A,
Bozeman,MT 59715, hereinafter referred to as "Developer."
WHEREAS, the Developer desires, at its expense, to complete certain public
transportation system improvements to benefit the Cannery District Planned Unit Development
(the "Development") and to satisfy certain conditions precedent to approval of Final PUD
Application 16109 dated June 1,2016.
WHEREAS, the City desires to authorize and allow Developer to construct additional
public transportation system improvements concurrently with Developer's required
improvements, said additional improvements to be paid for by transportation impact fees and
Arterial and Collector District funds that the City will make available to Developer to assist
Developer in paying a portion of the total costs of the improvements; and
WHEREAS, the improvements include the design, installation, and construction of
improvements to Oak Street adjacent to the Development including a turn lane, a sidewalk, street
lights, storm water facilities, approaches, and other related street improvements; and
WHEREAS, the City's contribution of impact fees to the Developer must comply with
Sections 2.06.1600 through 2.06.1700, Bozeman Municipal Code; and
WHEREAS, the City has included the improvements in the City's Capital Improvement
Plan; and
WHEREAS, the City and the Developer desire to set forth the terms of their Agreement
in writing.
Page 1 of 6
NOW THEREFORE, In consideration of the mutual covenants and agreements herein
contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto
agree as follows:
1. Incorporation: The foregoing recitals of this Agreement are contractual and are hereby
incorporated by reference.
2. The Project: The improvements to be made under CIP Project No. SIF109 to Oak Street,
Bozeman, Montana, adjacent to the Development, consist of a turn lane, sidewalk,
curbing, street lights, storm water facilities, approaches, and associated street
improvements (collectively, the "Project") as shown on the Oak Street Improvements
Concept Plan attached hereto as Exhibit 1. Prior to construction and any payment by the
City, Developer must submit to the City Engineering Division a final set of Plans and
Specifications for the Project and receive approval of the Plans and Specifications from
the City Engineering Division. Except as provided in Section 7 of this Agreement, no
occupancy of any structure to be built on those portions of the Development situated in
the City of Bozeman will be authorized until the City Engineering Division, in its sole
discretion, performs a final inspection, receives final certification by the Developer's
engineer, and approves and accepts the final Project per the process defined in the City of
Bozeman Design Standards and Specifications Policy.
3. Contracts for Design and Construction of Project: The Developer must retain a licensed
professional engineer to provide construction inspection and oversight services for the
Project and retain a licensed and qualified contractor to construct the Project. The
Developer is solely responsible for selection and hiring of the engineer and contractor.
4. Estimated Project Cost and Allocation:
a. The Developer's estimate of the cost of the Project is $433,200 ("Estimated
Project Costs"). An itemization of Estimated Project Costs provided by the
Developer is attached as Exhibit 2. Payment by the City of impact fees and
Arterial and Collector District funds will not be based on Estimated Project
Costs; rather, payment by the City, in amounts as further described herein,
will be based on the actual costs of construction of the Project as determined
by invoices for material and labor and other evidence ("Actual Project
Costs").
b. For purposes of this Agreement, to establish an understanding between the
parties of each party's Estimated Project Costs prior to construction and prior
to a determination of Actual Project Costs, the City and the Developer agree
to allocate the Estimated Project Costs as follows:
Page 2 of 6
Responsible Source Estimated Project Project Cost
Party Cost Allocation Percentage
City of Transportation Impact $133,000 30.7%
Bozeman Fees
City of Arterial and Collector $36,700 8.5%
Bozeman District Funds
Developer Developer's Funds $263,500 60.8%
Totals: $433,200 100.0%
5. Allocation and Payment of Actual Project Costs; City's Maximum Contribution; Credit:
The Actual Project Costs may be less than or more than Estimated Project Costs. As
such, the Developer and the City agree:
a. The Actual Project Costs will be allocated as follows: per Exhibit 2 as
summarized in Section 4.b adjusted at the end of the project to reflect Actual
Project Costs. No more than $266,000 (up to $133,000 sourced in
transportation impact fees and up to $133,000 sourced in Arterial and
Collector District funds) of Actual Project Costs are allocated to and must be
paid by the City. The remainder of Actual Project Costs shall be allocated to
and must be paid by the Developer; Notwithstanding any other provision of
this Agreement, the City will pay no more than $266,000 in Actual Project
Costs should the allocation of Actual Project Costs between the parties exceed
the allocation of Estimated Project Costs between the parties as shown in
Section 4.
b. If the Actual Project Costs, as finally determined by the City based on
invoices and other evidence and accepted by the City, are less than the
Estimated Project Costs, the City and the Developer will share the savings pro
rata to their relative Project cost percentages as shown in Paragraph 4.b.
6. Project Reimbursement/Inspection/Payment:
The City will reimburse Developer for the City's portion of the Actual Project Costs
attributable to improvements made at the request of the City (and not attributable to
improvements required of Developer as a condition of approval of Final PUD
Application 16109) only after construction of the Project has been completed, the Project
Page 3 of 6
has been accepted by the City, and Actual Project Costs (including evidence of those
costs) is provided to the City. As such:
a. The City may inspect the Project at reasonable times and the Developer must
not interfere with such inspections.
b. The City will only accept the construction of the improvements upon receipt
by the City of (a) certification by the Developer's licensed professional
engineer that the Project is complete in accordance with the Approved Plans,
and (b) evidence of the Actual Project Costs have been delivered to and
accepted by the City.
c. The City will pay the Developer, by single check, the City's portion of the
Project's costs no later than thirty (30) days following the City's
determination the requirements of this Agreement are satisfied.
d. The City shall not be required to make any payment for Actual Project
Expenses prior to July 1, 2018
7. Occupancy of Building K. Application 17137 has been made and is presently pending
with the City for construction of a commercial building (`Building K") within the
Development at 117 East Oak Street, more particularly described as Lot K of Amended
Subdivision Plat No. C-41-M. It is anticipated that the Building will be constructed
concurrently with the Project and that the Building will be complete and ready for
occupancy by tenants prior to completion of the Project. The parties have obtained an
analysis and opinion Robert R. Marvin, P.E., assessing the capacity of existing accesses
to Building K and the safety risks attendant to allowing Building K occupancy prior to
completion of the Project. Mr. Marvin's report, attached hereto as Exhibit 3 finds no
appreciable increase in safety risks by allowing Building K occupancy prior to left-turn
lane construction. Accordingly, the City agrees to permit occupancy of Building K, prior
to completion of the Project and left-turn lane, provided that (i) the Project is completed
no later than 120 days after occupancy permits are issued for Building K, with such 120-
day period being extended by the duration of any periods of force majeure; and (ii) all
other conditions of occupancy imposed upon the Building K owner and the Developer by
law and during the City's development review process (including but not limited to
financial guaranty of incomplete improvements required by applicable development
approvals) have been met. For the purposes of this Section 7, the term "force majeure"
shall mean any prevention, delay or stoppage of the Project due to strikes, lockouts, labor
disputes, court orders, acts of God, inability to obtain labor or materials or reasonable
substitutes thereof, government restrictions, regulations or controls, civil commotion, fire
or other casualty and other causes beyond the reasonable control of the Developer.
Page 4 of 6
8. Amendment and Waiver: This Agreement may only be amended or modified by a written
agreement signed by the City and the Developer. No waiver by any party hereto of any
provision or breach of, or default under, this Agreement shall be deemed to have been
made unless the same is in writing and signed and delivered by the party charged with
making the waiver, and no waiver of any provision or breach of, or default under, this
Agreement shall be deemed a waiver of any other provision or breach of, or default
under, this Agreement.
9. Representations and Warranties: Each party represents and warrants to the other that:
a. Execution of this Agreement does not violate any agreement,bylaw, statute or
ordinance binding on or applicable to such party; and
b. The individual executing this Agreement on behalf of the party is duly
authorized and empowered to execute this Agreement for the party, and
following execution and delivery by both parties this Agreement will be a
legally binding obligation of the party, enforceable against the party in
accordance with its terms.
10. Choice of Law and Venue: This Agreement shall be governed by, and interpreted under,
Montana Law, without regard to conflict of law principles. Mandatory and exclusive
jurisdiction for any dispute shall be in the Eighteenth Judicial District Court, Gallatin
County, Montana.
11. Severability: Each provision of this Agreement shall be considered severable and if for
any reason any provision which is not essential to the effectuation of the basic intent of
this Agreement is determined to be invalid, such invalidity shall not impair the operation
of or effect those provisions of this Agreement which are valid.
[Signatures on next page]
Page 5 of 6
Dated this_AIL_day of , 2017
CANN DISEent,
PARTNERS, LLC
By: CD anagLC,Manager
By. rown,Manager
- 414 . 13
Dated this of Q `V, 2017 p�p ••� '�,
•
C YOFBOZEMA �� �� Wit •���
By: D is Taylor, Int im City Manager , co..0 1 .'
Cif-y Gtev� TiN .�`
Gx� 04 C�0,11afin
ov-i , be�O�c. me_, , -the. U Mv"(6\o�ne.¢l , 0�
N� �1�bltc, for tlnc `S�rp�te, o� muftnQ , �e,rsonalt 4e.ared
up man MA ,Lull� �(C10 t0 mC,
'�O � '►�, rS4i1 �0�. 'C10�T'(1Q, 1 b ' �n
�nS�ume�t�As�d t s s � ��► -� the u��th�n
Qe,1Cz�ou� �do�d to me., �h0.t he. ex�.�u�.d the.
SQme. -�v cued ov\ h\S oven bona-\i.
1� v��1�ess �hc,�eo-� , � hove. tie.xevs�o set m hand o�d o�,�d
m� 11o' we a\ `S 0A -fie. d tad u�ar
KATHERINE MAINES
tt�P,N Mq�y` Notary Public
for the State of Montana
Residing at:
N'A SEAL. Q_ Belgrade, Montana
�s
P>' My Commission Expires:
OF Mo .July 22,2020
Page 6 of 6
777 1\ ��61NFEg�y
STAHLY
I I \\ ENGINEERING
..,.,..,., .. r ... �,1
\ \\ 8 ASSOCIATES
r
ENGINEERS&
wr.ea EYORS
aen9.cam
"VI .-E'n 'i —_ _.._. .._. ...... --. .... v .... \�\ \ \\ \\ wtlr',stow j.119.11
// `lam�l` •{ , ,. �H[��j(-yY 1F f/ �-_`� rl��yyy_ ? �...• II �, � \ \ \ JIJD LfNifNNIA�Oft.
PmmLl(A*,1 -0a00,
ASPHALT PER / �}]] EX ON P� i \ \ ac<oe) s-agar
TO NEW CURB / CITY PRO F E \ :\\ \ BSBo2EM^N�M�Ro9)lo I
IE
— _, s,. B
r CT r -
NSSUEo EM 90eY
_....._.. .....� .,.... •., .nf Z �,�Z�' �I _ - I DESCRIPTON
----- -. .._..._.. -•. -===a.=„ \ TOR �Il1� L 1•S r'i I 7 I���� �� coNCEPr P co
_�• _= PIPE I t T`.-i' No. DATE BY
T2) D STORM D IN ( f n....,,......... %
E�CIST NG 80'ROW :_••..�_ \ "° _ \ :.1fEI
I
I I ul I J � DESCRIPnON
II
\\ ,��•'= b u APPROACHES (tea. ,.r I Na. DA E ar
i EXISTING D171'CH:TO..__• _
REMAIN WI H INLET W PEDEST I J
—TO-STORM RAIN \ � OSSWALK t a DEscRRnoN
—— —— —— —— —— —— —— — �\mow••`\`ia ! �.�/.i�....u+.e.u I � �'� AT[
I+.e��� rn�r ~:,:• S t Nu N I Nu. DATE 6Y
J jt
' I — ---- --. WAY gDD A
I LRO
A oEscRlPnoN
EXISTING PATH
II II � •�` � u r,/ iJNER DISTRICT I
/ I IIIII' I
\ \ Y p\ CANNERY DISTRICT.', � DEscRIPnoN BY
NEW STREET \ �, \ i4 SIDEWALK WITH AQ ENT I
I 1I6HTS(8) SITE CONSTRUCTIp ki I
4 QN NORTH SIDE
I I N SOUTH SIDE �—
rJ �.
EXISfiI APPROACH
REM V D�htklfT H�DJATI lT "
s I NEW CENTER TURN
LANE AN BIKE ;�` �i' SITfCC�INSIO�I
f.,
4 I LANE STI�PC]PING
--.— --.--,— h••�N'`' I
OAK STR
EET
J L IMPROVEMENTS E
CONCEPTPLAN
k EXISTING STREET
Ir LIGHT TO REMAIN ___._. ........_...---....—_..........__ .,
OAK STREET OAK STREET,
OZEMAN MDNTAN
� B A
f
CANNERY DISTRICT
CONNECT TO �\ I PARTNERS,LLC
EXISTING CURB EXISTING STRIPING 1'�' I DESONm:MP
L— _— ——TOIMA REIN — DRA m: CDP
J I— CHECKED:MP
DATE: r-„-,r
EXHIBIT I
EXHIBIT 2 Oak Street Improvements-CIP project#SIF109
Preliminary Opinion of Probable Cost 7/11/17
Oak Street Project Total Cannery District Improvements
Item# Oak Street Improvements Qty Unit Unit Price $ Cost $ City Unit Unit Price $ Cost $
General
101 Mobilization Bond in and Insurance 1 lump $ 20 000.00 $ 20 000.00 0.5 lump $ 20 000.00 $ 10 000.00
102 Traffic Control 1 lump $ 17 000.00 $ 17 000.00 0.5 lump $ 17 000.00 $ 8,500.00
103 Construction Staking 1 lump $ 15 000.00 $ 15 000.00 0.5 lump $ 15 000.00 $ 7,500.00
104 General Conditions 1 lump $ 36 000.00 $ 36 000.00 0.5 lump $ 36 000.00 $ 18 000.00
Subtotal $ 88 000.00 Subtotal $ 44 000.00
Drainage Im rovements
401 18"RCP Storm Drain 60 If $ 70.00 $ 4,200.00 30 If $ 70.00 $ 2,100.00
402 18"PVC Storm Drain 305 If $ 42.00 $ 12 810.00 150 If $ 42.00 $ 6,300.00
403 18"Flared End Section 2 ea 875.00 $ 1,750.00 1 ea $ 875.00 $ 875.00
404 48"Storm Manhole 2 ea $ 2,850.00 $ 5,700.00 1 ea $ 2,850.00 $ 2,850.00
405 48"Storm Curb Inlet 2 ea $ 2,850.00 $ 5,700.00 1 ea $ 2,850.00 $ 2,850.00
406 Retention Basin Excavation 1200 c $ 6.50 $ 7,800.00 600 c $ 6.50 $ 3,900.00
Subtotal $ 37 960.00 Subtotal $ 18 875.00
Road Improvements
501 Sawcut and Remove Asphalt 3820 sf $ 0.70 $ 2,674.00 3690 sf $ 0.70 $ 2,583.00
502 Topsoil Shipping 864 c $ 3.20 $ 2,764.80 659 c $ 3.20 $ 2,108.80
503 Construct Road Sub grade 864 c $ 3.50 $ 3,024.00 659 c $ 3.50 $ 2,306.50
504 Pit Run Sub-base 1037 c $ 17.50 $ 18 147.50 791 c $ 17.50 $ 13 842.50
605 Crushed Road Base 346 c 24.50 $ 8,477.00 264 c $ 24.50 $ 6,468.00
506 Curb and Gutter 1621 If $ 15.50 $ 25 125.50 895 If $ 15.50 $ 13 872.50
507 Pavement-4" 11870 sf $ 2.00 $ 23 740.00 10976 sf $ 2.00 $ 21 952.00
508 4"Double Yellow Striping TWLTL -Epoxv 1800 If $ 2.50 $ 4,500.00 1800 If $ 2.50 $ 4,500.00
509 4"White Striping-Epoxy 2000 If $ 1.25 $ 2,500.00 2000 If $ 1.25 $ 2,500.00
510 Thermo lastic-24"Crosswalk 192 sf $ 20.00 $ 3,840.00 192 sf $ 20.00 $ 3,840.00
511 Thermoplastic-Words and Symbols 150 sf $ 50.00 $ 7,500.00 75 sf $ 50.00 $ 3,750.00
512 Si na a 18 ea $ 325.00 $ 5,850.00 12 ea $ 325.00 $ 3,900.00
513 New Approaches 3 ea $ 7,500.00 $ 22 500.00 2 ea $ 7,500.00 $ 15 000.00
514 Finish Grading behind curbs 1 lump $ 8,500.00 $ 8,500.00 0.5 lump $ 8,500.00 $ 4,250.00
Subtotal $ 130 642.80 Subtotal $ 96 623.30
Street Lights
701 Street Light Pole and Base 6 ea $ 7,500.00 $ 45 000.00 3 ea $ 7,500.00 $ 22 500.00
702 2"Conduit Wire 1700 If $ 20.00 $ 34 000.00 1000 If $ 20.00 $ 20 000.00
Subtotal $ 79 000.00 Subtotal $ 42 500.00
Pedestrian Crossing
801 Base Gravel 40 c $ 25.00 $ 1,000.00 40 c $ 25.00 $ 1,000.00
802 Concrete Sidewalk-8'wide,4"Thick 267 sf $ 5.00 $ 1,335.00 267 sf $ 5.00 $ 1,335.00
803 Concrete Sidewalk Ramp-6"Thick 135 sf $ 10.00 $ 1,350.00 135 sf $ 10.00 $ 1,350.00
804 Detectable WarningSurface Pads 2'x4' 4 ea $ 450.00 $ 1,800.00 4 ea $ 450.00 $ 1,800.00
Subtotal 1$ 5485.00 Subtotal $ 5485.00
Total $ 341,087.80
$ 207,483.30
Contingency-10% 1 Is $ 34,108.78 $ 34,108.78 60.8% Is $ 34,108.78 $ 20,748.33
Design-9% 1 Is $ 30,697.90 $ 30,697.90 60.8% Is $ 30,697.90 $ 18,673.50
Construction Engineering-8% 1 Is $ 27,287.02 $ 27:287.02 60.8% Is $ 27,287.02 $ 16,598.66
Project Total $ 433,181.51 $ 263,503.79
/� EXHIBIT 3
��\
Ll 1 MARVIN &ASSOCIATES 1300 N.Transtech Way Billings,MT 59102
Stahly Engineering
Attn: Cordell Pool, P.E.
7585 Shedhorn Drive
Bozeman, MT 59718 May 26, 2017
Re: Cannery District Phase 2 Building K
Left-turn Lane Evaluation
As per you request, I have evaluated the requirements for left-turn lanes on Oak
Street for Lane A and Lane D accesses to the Cannery District development. It is
my understanding that Phase 1 of the project has been completed and the
developer intends to construct Building K and Lane A access, along with closure
of the existing eastern- most access on Oak Street. It is estimate that construction
of these improvements would not be complete until spring of 2018, while a City of
Bozeman project to widen Oak Street would be under construction in the summer
of 2018 with proposed completion in the fall of that year. Because of a number of
complications related to economics, scheduling, and wasted resources,
construction of turn lanes for the two development accesses should ideally be
completed as part of the City reconstruction project. In that case, the lack of
warranted left-turn lanes would only be a temporary condition lasting a few months.
Turn lane warrants were investigated in a Traffic Impact Study (TIS) submitted in
February of 2015. The TIS indicated that the turn lanes would be warranted during
development of Phase 2. In order to assess the relative impact of just Building K
in Phase 2, ITE Trip Generation rates were used to determine the extent of left
turning traffic that would use the two accesses during the interim period. It was
found that there would be approximately 33 access trips in the peak PM hour with
16 entering and 17 exiting the site. Traffic assignment was completed using the
original study trip distribution percentages and it was determined that there would
be 9 additional left-turn movements from Oak Street to the site at Lane D and no
left turns into the Lane D access.
The relatively minor volume of left-turning traffic would not impact the capacity of
those access and since the volumes would be marginally in excess of the auxiliary
lane warrant values, it would not appear that no appreciable increase in crash
potential would occur during the short interim period. In addition, the pavement
surface and lack of curb sections on the south side of the road would allow ample
opportunity for rear-end crash avoidance, if necessary. For these reasons, it would
appear that inclusion of left-turn lane construction in the City of Bozeman project
would be justified.
If there are any clarifications or other information required, feel free to contact me.
Robert R. Marvin, P.E., P.T.O.E.
Mailing Address:P.O.Box 80785 Billings,MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Email: bobm@marvinassociates.com