HomeMy WebLinkAbout18- Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien - Cannery District Partners, LLC - 107 East Oak Street Return to:
City of Bozeman
City Clerk
PO Box 1230 /
Bozeman MT 59771-1230 J
2619273
Page: 1 of 6 07/13/2018 03.43:08 PM Fee: $42.00
Charlotte Mills - Gallatin County, IT MI SC
III IIIIIII III 11111111111111 IN
AGREEMENT FOR THE PAYMENT OF DEFERRED IMPACT FEES AND
NOTICE OF INTENT TO LIEN
THIS AGREEMENT is made and entered into this day of July, 2018, by and
between Cannery District Partners, LLC, 113 E. Oak Street, Suite 4A, Bozeman MT 59715
hereinafter called the "Obligor," and the City of Bozeman, a Municipal Corporation of the State
of Montana, hereinafter called the "City."
WHEREAS, it is the intent and purpose of the Obligor to meet the requirements of
Commission Resolution#4433 to allow the issuance of building permit 18-26997 prior to payment
of transportation impact fees required by 2.06.1640 BMC on property located at 107 East Oak
Street and legally described as Lot O, Plat C-41-M, NW 1/4 and SW '/4, Sec. 6, T2S R5E, City of
Bozeman, Gallatin County, Montana.
WHEREAS, it is the intent of the Obligor to defer payment of transportation impact fees
until occupancy for the construction authorized under building permit 18-26997; and
WHEREAS, it is the intent and purpose of both the Obligor and the City to hereby enter
into an Agreement which will guarantee the full and satisfactory completion of the required
payment;and it is the intent of this Agreement,and of the parties hereto,to satisfy the requirements
of the municipal code and Commission Resolution#4433.
NOW,THEREFORE, in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
1. Property Description
This Agreement pertains to and includes those properties which are designated and
identified as 107 East Oak Street and legally described as Lot O, Plat C-41-M,NW %4 and SW 1/4,
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Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien
Sec. 6, T2S R5E, City of Bozeman, Gallatin County, Montana.
2. Payment of Deferred Impact Fees
This Agreement specifically includes the payment of transportation impact fees calculated for
building permit 18-26997, in the amount of$79,591.91 (Seventy-Nine Thousand Five Hundred
Ninety-One dollars and Ninety-One cents). Obligor acknowledges that the above impact fee must
be paid in full before the Certificate of Occupancy may be issued. Obligor agrees to pay the above
stated fee in accordance with this agreement and Commission Resolution #4433 before the
structure(s) identified in the building permit referenced above is occupied.
3. Guarantee, Time for Completion of Agreement
No occupancy of the structure, either temporary or permanent prior to full payment of the deferred
transportation impact fee and completion of this agreement. This agreement constitutes a Notice
of Intent to Lien against the property in the event that the deferred impact fees are not paid. Should
the fees not be paid the City may without further action record a lien against the property in the
full amount of the deferred fees as stated above and for costs required for collection of the deferred
fee.
4. Inspection
Representatives of the City shall have the right to enter upon the property at any reasonable time
in order to inspect it and to determine if the Obligor is in compliance with this Agreement, and the
Obligor shall permit the City and its representatives to enter upon and inspect the property at any
reasonable time.
5. Default
Time is of the essence for this Agreement. If the Obligor shall default in or fail to fully perform
any of its obligations in conformance with the time schedule under this Agreement the City may
elect to enforce any of the following specified remedies:
A) The City may withhold a Certificate of Occupancy and prohibit use of the property.
B) The City may, at its option,record a lien against the property.
C) The City may enforce any other remedy provided by law or this agreement.
6. Indemnification
The Obligor hereby expressly agrees to indemnify and hold the City harmless for and against all
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Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien
claims, costs and liability of every kind and nature, for injury or damage received or sustained by
any person or entity in connection with, or on account of the performance of work at the
development site and elsewhere pursuant to this Agreement, or delays in the issuance of a
Certificate of Occupancy pursuant to this agreement. The Obligor further agrees to aid and defend
the City in the event that it is named as a defendant in an action concerning the performance of
work pursuant to this Agreement except where such suit is brought by the Obligor. The Obligor
is not an agent or employee of the City.
7. Governing Law and Venue
This Agreement shall be construed under and governed by the laws of the State of Montana. In
the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District
Court, Gallatin County, State of Montana.
8. Changes in Fee During Deferral Period
The fees due at conclusion of the deferral period shall not change from the amount determined in
Section 2 unless the building permit is properly amended to reflect a lesser demand for service. In
the event the amount of fees due for the category of development for newly submitted projects
which is the same category as that which is the subject of this agreement either decreases or
increases no change in the amount of fees due from the project will be made unless the project
constructs more or less demand generating improvements than originally depicted on the building
permit for the work. In the event of non-payment additional fees for collection costs and other fees
as established by Resolution 4433 will be charged in addition to the deferred transportation impact
fee.
9. Attorney's Fees or Other Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce
any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to
reasonable attorney's fees and costs,to include the salary and costs of in-house counsel including
City Attorney. Other fees and costs may be incurred as set forth in Resolution 4433 relating to the
enforcement of this agreement.
10. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid, unless agreed to in writing by
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Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien
the parties hereto.
11. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
12. No Assignment
It is expressly agreed that the Obligor shall not assign this Agreement in whole, or in part,without
prior written consent of the City.
13. Successors
Except as provided in paragraph 10,this Agreement shall be binding upon, enure to the benefit of,
and be enforceable by the parties hereto and their respective heirs, successors and assigns.
####END OF AGREEMENT EXCEPT FOR SIGNATURES####
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Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien
CORPORATION
Cannery Dis rict Partners, LLC
STATE OF MONTANA )
)ss.
County of Gallatin )
On this R 5 day of S uj�-A , 2018, before me, the undersigned, a Notary
Public for the State of Montana,p onally appeared Scott Dehlendorf, known to me to be the_
�A--rA nuCg� of Cannery District Partners, LLC, the corporation that executed
the within instrument, and acknowledged to me that he executed the same for and on behalf of
said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
RHEA J PAPKE
Q?�P�•?Ap i Notary Public
NpTnq/q4• for the State of Montana
*_ Residing at:
<,d.SEAL."Q> Bozeman, Montana
>9pF ) My Commission Expires:
February 01, 2021 Notary Pu lc for the St to of Montana
Residing at Bozeman
My Commission Expires
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Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien
THE CIT OF BO MAN
rtin Matsg
Community Development Director.
STATE OF MONTANA )
)ss.
County of GALLATIN )
On this day �3"IN of c� t�� , 2018, before me, a Notary Public for the State
of Montana, personally appeared Mai-tin Matsen, known to me to be the person described in and
who executed the foregoing instrument as Community Development Director of the City of
Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she
executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Slnav�,no L K l o nR--P (hc7F
SHANNONLKLOOSTERHOF "1
(SEAIN�tary Public Notary Public for the State of Montana for the State of Montana
_ Residing at '�6og2rhon !'\'C
Residing at:
. :� •.';: Bozeman, Montana My Commission Expires:
�oP My commission Expires: (Use four digits for expiration year)
March 17,2021
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