HomeMy WebLinkAbout05-13-19 City Commission Packet Materials - C7. CIOD with Black Dirt, LLC for Construction of Tschache Apartments
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Anna Russell, Engineer II
Shawn Kohtz, City Engineer SUBJECT: Authorize the City Manager to sign a Conditional Irrevocable Offer of
Dedication with Black Dirt, LLC for concurrent construction of
infrastructure and improvements for the Tschache Apartments Project
located on Tschache Lane near Rose Park. MEETING DATE: May 13, 2019
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with Black Dirt, LLC for concurrent construction of infrastructure and site improvements for the Tschache Apartment Project
located on Tschache Lane near Rose Park.
BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable.
FISCAL EFFECTS: N/A
ALTERNATIVES: As suggested by the City Commission.
Attachments: Conditional Irrevocable Offer of Dedication
Report compiled on: 5/2/19
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City of Bozeman Conditional IrrevocableOffer of DedicationThis Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") ismade this _g^day of -F^A^ 2019, by BLACK DIRT, LLC, 2320 WEST MAINSTREET, SUITE 6, BOZEMAN/MT 59715 (hereinafter referred to as "Grantor").WHEREAS, Grantor is the legal owner in simple fee interest of certain real properties locatedin the County ofGallatin, State of Montana, and described as:Lot 9 of the Stoneridge Square Subdivision, located in Section 2, Township 2 South, Range 5East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official surveythereof on file and of record in the office of the County Clerk and Recorder ofGallatin County,Montana. [J-446] (hereinafter referred to as the "Property") andWHEREAS, Grantor applied to the City of Bozeman (the "Municipality") for approval toundertake development as defined in Chapter 38.42, BMC within the City ofBozeman (hereinafterthe "Permit"); andWHEREAS, approval of Application #18523 was granted on _,by the Municipality in accordance with the provisions of Title 38, BMC, hereby incorporated byreference; andWHEREAS, Grantor wishes to meet the requirements of Title 38, BMC, to provide publicaccess and/or allow simultaneous construction of infrastructure and improvements which will later begranted to the Municipality, with the buildings, remaining improvements and land appurtenant theretoto remain in private ownership, as authorized in Section 38.39.030.C; andWHEREAS, the water and sewer improvements and street infrastructure appurtenant to and tobe installed or constructed on or under the above described lands, and infrastructure and/or intereststherein are to be dedicated to the Municipality, free and clear of all encumbrances, pursuant to saidfinal approval of the Permit; and,WHEREAS, it is intended that this Offer is irrevocable and shall, upon written acceptance bythe Municipality and final approval of the Permit referenced herein, grant all rights of use or accessfor maintenance and repair of the said improvements and infrastructure offered;59
state of Mmtuna^County of ^Qdlftti-nJ.On this 8frndrp.w &)vv<7:ss:day of K6l3ryUCLrU 2019 before me personally appeared, whose identify was proved to me on the basis of satisfactoryevidence to be the persons whose name is si^bsc^ibed to this instrument, and acknowledged thats/he executed the same as Member(s) of, and^f and on behalf of BLACK PERT, LLC.;'•"/.,^S^~ "MIKAYLA SULLIVAN^ Notary Public^^nTAR44/%^for the State of Montana^. SEAL ,^'^.o.'^yResiding at:Bozeman, Montana"' IExpires:?^.:'_ . _'_Auaust_01, 2021^foTARTfATSEAiyPrint Narne^ KA (koiLll Q^ ^Zdi(ra^JSigned:Notary PublicResiding at: |%fDtiMy Commission Expires: 0^.01 -9-12IVlnn-hLncijStaofeACCEPTED:CITY OF BOZEMAN, MONTANACity ManagerATTEST:City ClerkSTATE OF MONTANA )) ssCounty of Gallatin )On thisday of2019, before me, the undersigned, aNotary Public for the State of Montana, personally appeared ANDREA SURRATT and ROBINCROUGH, known to me to be the City Manager and City Clerk for the City of Bozeman,respectively, and the persons whose names are subscribed to the within instrument, andacknowledged to me that they executed the same for and on behalf of the City ofBozeman.EN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)Notary Public for the State of MontanaResiding at Bozeman, MontanaMy Commission Expires60
NOfy THEREFORE, in consideration of the granting of, and conditioned upon, the finalapproval for application #18523, the Grantor hereby offers to dedicate to the Municipality, the sewerand water improvements and street infrastructure constructed or be constructed upon the real propertyas specifically set forth, described and identified in the plans and specifications issued or prepared byGENESIS ENGINEERING INCORPORATED AT 204 North 11™ Avenue, Bozeman, MT. Projectnumber 1086.011 dated January 28, 2019 (with subsequent approved revisions), which are by thisreference incorporated in this instmment.1. Benefit and Burden. This Offer shall run with and burden the Property and allobligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants andrestrictions running with the land and shall be, upon the issuance of the final Permit reference herein,be effective limitations on the use and access of the Property by Grantor and shall bind the Grantorand all successors and assigns. This Offer shall benefit the Municipality only so long as saidimprovements and infrastmctures for sewer and water exist on the Property.2. Construction and Validity. If any provision of these Restrictions is held to beinvalid or for any reason becomes unenforceable, no other provision shall be thereby affectedor impaired.3. Successors and Assigns. The terms, covenants, conditions, exceptions,obligations, and reservations contained in this Offer shall be binding upon and inure to thebenefit of the successors and assigns of both the Grantor and the Municipality, whethervoluntary or involuntary.4. Limitations. The construction and other standards adopted or utilized by the Cityof Bozeman regarding legal form, construction materials, warranty, and all other elementsrelating to improvements or infrastmcture constructed or be constmcted pursuant to the Permitshall be fully applicable.5. Term. This irrevocable Offer of Dedication shall be binding for the duration ofFinal Site Plan approval process. Upon written acceptance of this Offer by the Municipality, thisOffer and the terms, conditions, and restrictions hereof shall exist in perpetuity, shall have theeffect of a grant by Grantor, subject to the conditions stated herein, and shall run with the landand be binding on the parties, their heirs, assigns, and successors, PROVIDED, HOWEVER,this grant shall be null and void if the Pennit referenced herein is not granted and issued by theMunicipality on or before one year after the date of Final Plan approval or extensions of the dateof approval.BLACK DB(Tc?By;^/^^^(signature)Its /VA<~\b&<(print)By:_Its(signature)(print)61