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HomeMy WebLinkAboutFerguson_Park_Dev_Maintenance_Amended Agreement_050718 Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 FERGUSON PARK DEVELOPMENT AND MAINTENANCE AGREEMENT By and Between Bozeman Apartment Group, LLC and The City of Bozeman DATED this _____ day of _________________, 20___ 2 FERGUSON PARK DEVELOPMENT AND MAINTENANCE AGREEMENT This Agreement, made and entered into this _____ day of _________, 2017, by and between BOZEMAN APARTMENT GROUP, LLC of 1735 South 19th Avenue, Suite B, Bozeman, Montana 59715 (OWNERS) and the CITY OF BOZEMAN (CITY), a municipal corporation of the state of Montana, at P.O. Box 1230, Bozeman, Montana 59771-1230. RECITALS 1. Owners presently own the land, known as Lot 3A of Minor Subdivision No. 365, being an amended plat of Lot 3, Minor Subdivision No. 295, The Spring Creek Village Resort, and Lot 2A, Minor Subdivision No. 338, The Spring Creek Village Resort, located in the SW1/4 of Section 10, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. 2. Lot 3A is zoned as Residential Office and the proposed development is required to provide 0.03 acres of park land per unit for up to of 12 units per acre. Park area dedication, improvements in-lieu and cash in-lieu have been provided to satisfy this requirement. 3. The park area is 1.6 acres and will be known as Ferguson Park. 4. OWNERS are responsible for developing and maintaining Ferguson Park as associated with the development of Icon Apartment Homes at Ferguson Farm. 5. Pursuant to the City of Bozeman Site Plan approval, dated, ________, and Section 38.27.080 of the City of Bozeman Unified Development Code, the public park shall be provided, located developed and maintained in accordance with the Parks, Recreation, Open Space, and Trails Plan (PROST) and shall be known as Ferguson Park, as shown on Exhibit “A” hereto. 6. OWNERS and the CITY enter into this Agreement in order to address the development and maintenance of: the public park as associated (Ferguson Park) with the development of the multifamily development known as Icon Apartment Homes at Ferguson Farm. 3 AGREEMENTS OWNERS and the CITY agree: 1. Development Standards. The public park within the subdivision shall be developed, over time, to a minimum standard consistent with the level of landscaping required by the City of Bozeman Parks and Recreation requirements or City of Bozeman ordinances. OWNERS may, in their discretion, develop the public park to higher standard consistent with the Landscaping Plan for Icon Apartment Homes at Ferguson Farm. 2. Park Master Plan. OWNERS intend to develop the Park Master Plan, as approved by the City of Bozeman on ________, to satisfy the park dedication requirements for Icon Apartment Homes at Ferguson Farm. The Park Master Plan is intended to present a uniform plan for both Icon Apartment Homes at Ferguson Farm and Ferguson Park described herein. 3. The Timing of Development. OWNERS shall develop and Landscape the public park as part of the First through Eleventh Phases of development of Icon Apartment Homes at Ferguson Farm. 4. Maintenance. OWNERS shall maintain Ferguson Park and the landscaped boulevards adjacent to the park along Resort Drive and Palisades Drive at no cost to the CITY. OWNERS shall maintain these areas to a standard consistent with the level of maintenance afforded other public parks in the City of Bozeman, as outlined in the PROST Plan. If the OWNER does not maintain the park to a standard consistent with the level of maintenance afforded other public parks in the City of Bozeman and the CITY is required to perform the maintenance, the CITY shall be allowed to invoice the OWNER (or assigns) for the maintenance work. 5. Weed Control, Garbage Collection, Snow and Leaf Removal Plan. In accordance with the City of Bozeman Subdivision Regulations, OWNERS shall prepare for submittal and approval by the Park and Recreation Department and City of Bozeman staff that addresses Weed Control, Garbage Collection, Snow and Leaf Removal. 6. Public Park. OWNERS shall maintain all improvements, including furnishings, facilities and landscaping, as shown on the Park Master Plan, in accordance with this Agreement. In the event that the landscaping is not maintained to CITY standards or in the event that any of the landscaping becomes a safety issue, then the CITY shall provide written notice to OWNERS identifying the problem and the correction that is being requested. OWNERS shall take prompt action to correct any deficiencies and safety issues. If maintenance and safety issues are not resolved 4 within thirty (30) days. The CITY reserves the right to perform any maintenance in the public park that the CITY determines is necessary for public safety. The CITY shall provide written notice of any safety concerns to OWNERS before the CITY performs any maintenance unless the CITY determines that an emergency condition exists and that immediate action is required. In such event, the CITY shall provide written notice to OWNERS as soon as possible after the CITY has taken corrective action. 7. Notices. All notices given pursuant to this Agreement must be in writing and shall be given by facsimile, by personal delivery, by United States Mail or United States Express Mail postage or delivery charge prepaid, return receipt requested, or by an established delivery service, such as Federal Express or United Parcel Service (sent to the person and address or facsimile number designated below) but if facsimile notice is used such facsimile notice will only be effective if the written notice and confirmation of transmission is sent to the addressee by an established express delivery service. All notices shall be sent to the following: Owners: Bozeman Apartment Group, LLC Attn: Will Ralph 1735 South 19th Avenue, Suite B Bozeman, Montana 59718 City of Bozeman: City of Bozeman Attn: City Manager P.O. Box 1230 Bozeman, Montana 59771-1230 8. Interpretation. This Agreement shall not be construed in favor of or against either party. It shall be construed neutrally. 9. Amendment. This Agreement shall not be modified or amended, except by a written amendment executed by and on behalf of both the CITY and OWNERS. 10. Binding Effect: This Agreement shall be binding on and shall insure the benefit of the parties hereto, and their respective heirs, personal and legal representatives, successors, or assigns. 11. Recording. The CITY and OWNERS agree that this Agreement shall be recorded against the real property described on Exhibit “A” hereto. 5 DATED this day of , 20 . Bozeman Apartment Group, LLC By: Andrew Braxton Title: Member Date: STATE OF MONTANA ) : ss County of Gallatin ) On this day of , 20 ___, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Andrew Braxton, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Montana 6 ACCEPTED BY: CITY OF BOZEMAN By: ________________________ Andrea Surratt, City Manager ATTEST: Robin Crough, City Clerk STATE OF MONTANA ) : ss County of Gallatin ) On this ________ day of ___________________, 20 , before me, a Notary Public for the State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Montana