HomeMy WebLinkAbout03-02-20 City Commission Packet Materials - C6. CIOD with Straightaway Bozeman Investors for AC Hotel Project 19078Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Griffin Nielsen, Engineer I
Shawn Kohtz, City Engineer
SUBJECT: Authorize the City Manager to sign a City of Bozeman Conditional
Irrevocable Offer of Dedication with Straightaway Bozeman Investors,
LLC for infrastructure improvements for the AC Hotel Project (19078) on
the northeast corner of Mendenhall Street and Tracy Avenue.
MEETING DATE: March 2, 2020
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the City Manager to sign a City of Bozeman Conditional
Irrevocable Offer of Dedication with Straightaway Bozeman Investors,
LLC for infrastructure improvements for the AC Hotel Project (19078) on
the northeast corner of Mendenhall Street and Tracy Avenue.
BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed City of
Bozeman Conditional Irrevocable Offer of Dedication. This document has
been provide as part of the concurrent construction process to ensure that
all onsite public infrastructure, required to serve the AC Hotel project, is
completed and dedicated in tandem with building construction.
Engineering staff reviewed the document and found it to be acceptable.
FISCAL EFFECTS: N/A
ALTERNATIVES: As suggested by the City Commission.
Attachments: City of Bozeman Conditional Irrevocable Offer of Dedication
Report compiled on: February 20, 2020
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City ofBozeman Conditional Irrevocable
Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this _day of _ 2020, by Straightaway Bozeman Investors, LLC 20 N.
Tracy Ave. Bozeman, MT 59715 (hereinafter referred to as "Grantor").
WHEREAS, Grantor is the legal owner in simple fee interest of certain real properties located
in the County ofGallatin, State of Montana, and described as Bozeman Original Plat, S07, T02 S, R
06 E, Block I, S2 Lots 35-38, and N2 Lot 35,36,37, 38., Gallatin County, Montana on file and of
record in the office of the Clerk and Recorder of said County (hereinafter referred to as the
"Property") and
WHEREAS, Grantor applied to the City of Bozeman (the "Municipality") for approval to
undertake development as defined in Chapter 38.7, BMC within the City ofBozeman (hereinafter the
"Permit"); and
WHEREAS, approval of Application #19078 was granted on November 21st 2019, by the
Municipality in accordance with the provisions of Title 38, BMC, hereby incorporated by reference;
and
WHEREAS, Grantor wishes to meet the requirements of Title 38, BMC, to provide public
access and/or allow simultaneous construction of infrastructure and improvements which will later be
granted to the Municipality, with the buildings, remaining improvements and land appurtenant thereto
to remain in private ownership, as authorized in Section 38.270.030.C; and
WHEREAS, the water and sewer improvements and street infrastructure appurtenant to and to
be installed or constructed on or under the above described lands, and infrastructure and/or interests
therein are to be dedicated to the Municipality, free and clear of all encumbrances, pursuant to said
final approval of the Permit; and,
WHEREAS, it is intended that this Offer is irrevocable and shall, upon written acceptance by
the Municipality and final approval of the Permit referenced herein, grant all rights of use or access
for maintenance and repair of the said improvements and infrastructure offered;
NOW THEREFORE, in consideration of the granting of, and conditioned upon, the final
approval for application no. #19078, the Grantor hereby offers to dedicate to the
45
Municipality, the sewer and water improvements and street infrastiiicture constructed or be
constmcted upon the real property as specifically set forth, described and identified in the plans and
specifications issued or prepared by Stahly Engineering and Associates Inc., 851 Bridger Drive,
Suite 1 Bozeman, MT Project #19078 dated 1/16/20 (with subsequent approved revisions), which
are by this reference incorporated in this instmment.
1. Benefit and Burden. This Offer shall run with and burden the Property and all
obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and
restrictions mnning 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 Grantor
and all successors and assigns. This Offer shall benefit the ]V[unicipality only so long as said
improvements and infrasti^ictures for sewer and water exist on the Property.
2. Construction and Validity. If any provision of these Restrictions is held to be
invalid or for any reason becomes unenforceable, no other provision shall be thereby affected
or impaired.
3. Successors and Assigns. The terms, covenants, conditions, exceptions,
obligations, and reservations contained in this Offer shall be binding upon and inure to the
benefit of the successors and assigns of both the Grantor and the Municipality, whether
voluntary or involuntary.
4. Limitations. The construction and other standards adopted or utilized by the City
of Bozeman regarding legal form, constmction materials, warranty, and all other elements
relating to improvements or infrastmcture constructed or be constructed pursuant to the Permit
shall be fully applicable.
5. Term. This irrevocable Oflfer of Dedication shall be binding for the duration of
Final Site Plan approval process. Upon written acceptance of this Offer by the Municipality, this
Offer and the terms, conditions, and restrictions hereof shall exist in perpetuity, shall have the
effect of a grant by Grantor, subject to the conditions stated herein, and shall mn with the land
and be binding on the parties, their heirs, assigns, and successors, PROVIDED, HOWEVER,
this grant shall be null and void if the Permit referenced herein is not granted and issued by the
Municipality on or before one year after the date of Final Plan approval or extensions of the date
of approval.
Straightaway Bozeman Investors, LLC
By:.
Its
A^S^t /Yo^^'^yj
(sigpature)
^Vliy^-^
(print)
By:_
Its
(signature) (print)
46
City ofBozeman Conditional Irrevocable
Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this _day of _ 2020, by Straightaway Bozeman Investors, LLC 20 N.
Tracy Ave. Bozeman, MT 59715 (hereinafter referred to as "Grantor").
WHEREAS, Grantor is the legal owner in simple fee interest of certain real properties located
in the County ofGallatin, State of Montana, and described as Bozeman Original Plat, S07, T02 S, R
06 E, Block I, S2 Lots 35-38, and N2 Lot 35,36,37,38., Gallatin County, Montana on file and of
record in the office of the Clerk and Recorder of said County (hereinafter referred to as the
"Property") and
WHEREAS, Grantor applied to the City of Bozeman (the "Municipality") for approval to
undertake development as defined in Chapter 38.7, BMC within the City ofBozeman (hereinafter the
"Permit"); and
WHEREAS, approval of Application #19078 was granted on November 21st 2019, by the
Municipality in accordance with the provisions of Title 38, BMC, hereby incorporated by reference;
and
WHEREAS, Grantor wishes to meet the requirements of Title 38, BMC, to provide public
access and/or allow simultaneous construction ofinfrastmcture and improvements which will later be
granted to the Municipality, with the buildings, remaining improvements and land appurtenant thereto
to remain in private ownership, as authorized in Section 38.270.030.C; and
WHEREAS, the water and sewer improvements and street infrastmcture appurtenant to and to
be installed or constmcted on or under the above described lands, and infrastmcture and/or interests
therein are to be dedicated to the Municipality, free and clear of all encumbrances, pursuant to said
final approval of the Permit; and,
WHEREAS, it is intended that this Offer is irrevocable and shall, upon written acceptance by
the Municipality and final approval of the Permit referenced herein, grant all rights of use or access
for maintenance and repair of the said improvements and infrastructure offered;
NOW THEREFORE, in consideration of the granting of, and conditioned upon, the final
approval for application no. #19078, the Grantor hereby offers to dedicate to the
47
^j'cu^, LAUREN J CUMMINGS
Notary Public
??^>'-^o"r*R^/':%lifor the State of Montana
^ : ^ ^SEAL ,^;7T .•^•'*y? | ! Bozeman, Residing _ nesiainy Montana at: ai;
•%'A..'.-.«t^ My Commission Expires:
"/"K"OF,MOT**^' '' September 04,-2023
State of
County of(^UJ^^ )
On th\s /'7_-~day of ^-e^^bTUCXrL^ 2020 before me personally appeared
<^> I) c^rcy") , whose ^ whose identity identity ^as Ivas proved proved to to me me on on the the basis basis of of satisfactory satisfactory
to be the persons whose name is subscribed to this instrument, and acknowledged that
s/he executed the same as Members of, and for and on behalf of
1
SWQi^h^^2^ T^^.T-^rs^ ^'^=fos>
Print Name:
Signer
^C ^TO-~> -T' (^^-nm i'^) ^)
'C-.-^Q'S^^^-i-
Notaiy-Eu^jFor tt^e \tate of rfl^-^~tN ^x
Residing at:C=y2.^xkchr~> CxX-^^-U.
(NOTARTIAL SEAL) My Commission Expire^ (4- ^^- ^ o<oa2a
ACCEPTED:
CITY OF BOZEMAN, MONTANA
Interim City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss
County of Gallatin )
On this day of 2020, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Dennis Taylor and Robin Crough,
known to me to be the Interim City Manager and City Clerk for the City ofBozeman, respectively,
and the persons whose names are subscribed to the within instnunent, and acknowledged to me that
they executed the same for and on behalf of the City ofBozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
(SEAL)
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires
48
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