HomeMy WebLinkAbout20 - Reimbursement Agreement - Cottonwood Subdivision South Cottonwood Road Widening AGREEMENT FOR REIMBURSEMENT
COTTONWOOD SUBDIVISION--SOUTH COTTONWOOD ROAD WIDENING
T141S AGREEMEN))FOR REIMBURSEMENT ("Agreement"), made and entered into
this �-- day of 202d by and between the CITY OF
BOZEMAN, a municipal oc rporation, organized under the laws of the State of Montana,
("City"), and The Cottonwood Protect. LLC, a Delaware limited liability company
("Developer").
WHEREAS,Developer presently owns land located in Gallatin County,Montana,known
as the Cottonwood Subdivision, more particularly described as follows: Tract 3A-1 of Minor
Subdivision No.454C NW i/4, S15, T2S,R5E,P.M.M.,City of Bozeman, Gallatin County,MT
according to the map or plat thereof on file and of record in the office of the Clerk and Recorder
of Gallatin County,Montana;and
WHEREAS, the City owns and operates a public roadway with related stormwater and
sewer within and adjacent to its corporate limits;and
WHEREAS, Developer has constructed improvements more particularly described on
Exhibit"A"attached hereto and incorporated herein by this reference(hereafter referred to as the
"improvements"),which are capable of serving the tract hereinabove described;and
WHEREAS, the improvements described in Exhibit "A" are located within the area
served by the City,but have not been finally accepted by the City for maintenance and operation;
and
WHEREAS, the improvements are capable of serving an adjacent property, described as
Lot 2 of Minor Subdivision No. 454B, S15, T2S, R5E, P.M.M., City of Bozeman, Gallatin
Countv,MT and shown in Exhibit"A", which is herein referred to as "the Benefitted Property";
and
WHEREAS, the Benefitted Property did not participate in the original cost of
construction of the improvements described in Exhibit"B";and
WHEREAS,the Parties determine that if the owner or a representative of the Benefitted
Property develops the Benefitted Property the Benefitted Property's proportionate share of the
cost of the improvements is $418,377.92 (herein referred to as "Reimbursement Fee") as
described in Exhibit"B";and
WHEREAS, the City and the Developer desire to and intend by this Agreement to
provide terms and conditions by which the Benefitted Property may utilize the benefit of the
improvements;and WHEREAS,the parties hereto agree that the City will charge and collect
the Reimbursement Fee from the Benefitted Property if the owner of the Benefitted Property
submits an application to the City for development of the Benefitted Property.Developer agrees
the collection of Reimbursement Fee will occur no earlier than but prior to receiving approval for
Site Plan, Building Permit, Amended Plat or Subdivision of Land and, notwithstanding the
above,before the Benefitted Property may connect to the improvements.
NOW, THEREFORE, in consideration of the conveyance to the City of the
improvements described in Exhibit"A",and the mutual covenants contained herein, it is agreed
by and between the City and Developer as follows:
1. The parties agree that the said improvements have been or will be constructed and
installed in accordance with the requirements of the City and the Director of Public Works. The
Developer agrees to convey its interest in the improvements to the City. The City agrees to
accept said improvements for maintenance as part of its own infrastructure if such improvements
are constructed in accordance with applicable City policies and regulations.
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2. The Developer has submitted or will submit to the City itemized invoices for labor,
material and engineering directly attributable to the installation of the said improvements which
costs are attached and incorporated by reference as Exhibit `B". The Developer does hereby
certify that the costs listed in Exhibit "B" are solely related to the said improvements to its
property, described above, approximate the original amount bid for said improvements, and do
not reflect costs related to said improvements installed on said property.
3. The Developer has submitted an as-built set of plans together with the engineer's
certification that the project was completed in accordance with the applicable laws, rules and
regulations and cost of the improvements.
4. The City agrees to collect the Reimbursement Fee from the owner of the Benefitted
Property if it submits an application for development of the Benefitted Property to the City for
development of the Benefitted Property. Developer agrees the collection of the Reimbursement
Fee will occur no earlier than but prior to the Benefitted Property receiving approval for Site
Plan, Building Permit, Amended Plat or Subdivision of Land, and, notwithstanding the above,
before the Benefitted Property connects to the improvements, which fee shall be conclusively
presumed to be a fair charge against the Benefitted Property. The Reimbursement Fee is in
addition to the usual and normal charges that will be made by the City for service connections,
monthly service charges and impact fees. The Developer hereby releases the City from any and
all claims that may arise out of the collection of said fee, including but not limited to error in
calculation of proportionate cost, failure to collect fees set forth herein and in making a
determination that the property or portion thereof is or is not benefitted by said services.
5. The City shall account for funds received and remit said funds to Cottonwood Project
LLC, designated by writing as the agent to receive said proceeds by the Developer,
approximately thirty(30)days following receipt of said funds. The Benefitted Property shall pay
the 7%Administration Fee. No approval of said entitlements listed previously shall be made to
the Benefitted Property without first paying the required amount and with the full knowledge of
the City.However,if the City,for whatever reason,fails to collect the required fee hereunder,no
liability shall arise nor any claim be made by the Developer against the City.City or Developer
may seek declaratory relief as needed to enforce the City's agreement herein to withhold permits
or approvals sought by the Benefitted Property until the Reimbursement Fee has been paid.
Developer agrees,however,the City shall not be liable to the Developer for the Reimbursement
Fee; rather,the Developer's remedy against the City is limited to a declaration the owner of the
Benefitted Property must pay the Reimbursement Fee as provided herein.
6. It is agreed that this Agreement shall continue until Developer has recovered One
Hundred percent (100%) of his total "as-built" construction costs, or upon the expiration of
twenty (20) years, whichever shall occur first, whereby this Agreement shall be deemed
terminated and of no further force and effect. Failure of the City to recover the maximum
reimbursement shall neither create a liability on the part of the City nor extend the Agreement
beyond the period specified herein. Provided, however,that should this Agreement not provide
Developer with reimbursement as described above within said twenty (20) year period, this
Agreement may be extended by way of a mutual agreement between the City and Developer,
unless such an extension would work a hardship to the City.
7. Construction and installation of the improvements is limited specifically to the terms
and area covered by this Agreement. Nothing in this Agreement is to be construed as an
obligation on the part of Developer to extend said improvements to any points beyond those
contemplated in this Agreement and described in Exhibit"A."
8. This Agreement has no effect on City charges for utility connections or impact fees.
The City may connect to the above described improvements as appropriate. Such connections
shall not constitute grounds for reimbursement. Any connections to such improvements of the
above described improvement shall not constitute grounds for reimbursement. The City shall be
the sole judge of what constitutes an improvement, a main, side lateral extension, or sewer
service.
9. This Agreement shall be recorded in the real property records of Gallatin County.MT
against the Benefitted Property and shall run with the land and bind the Benefitted Property
owner's successors and assigns.
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10. By consenting to and acknowledging this Agreement on the signature page below,
the owner of the Benefitted Property hereby agrees to pay the Reimbursement Fee when it is due
and payable under the terms of this Agreement and agrees the payment of the Reimbursement
Fee to the City will be required as part of any approval of the owner's development application
and that this requirement to pay the Reimbursement Fee runs with the land and is binding on the
Benefitted Property's owner's successors and assigns.
[end of text,signature pages and Exhibits A and B follow]
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IN WITNESS WHEREOF the Parties hereto have executed this instrument the day and
year first above written.
City:
CITY OF BOZEMAN
a municipal corporation,organized under
the laws of the State of Montana
�;... ... 7.,
OSr
Title: ager
Name:_ M 114E M Aim
Title: City Clerk
.... ...
STATE OF MONTANA )
)ss.
County of Gallatin l' )
On this / day of 1e� 202, before me ers•gn d, a Notary
P. Aict for te State of Montana, personally appeared and
1 known to me to be the City Manager and City Clerk,respectively,
of the ity 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.
�._... - ,77— T)
• .��,F OIF�;�,, HEATHER QlENVENUE i
�y Notary Public
c",for the State of Montana
m= 46tary Public for the State of Montana
* - * Residing at:
N�.SEAL•'s. Bozeman, Montana
9• P� .
�oF Mo MY Commission Expires:
January 26, 2022 (Printed Name)
Residing at Bozeman
My Commission Expires: / /20_
4
Developer:
THE COTTONWOOD PROJECT,LLC
a Delaware limited liability company
By: u <
Title:
STATE OF )
):ss.
County of On this day of 1,L 20 20 , before me,the undersigned, a Notary Public for
the State of 1 D personally appeared Z S t& L- n cfl- known or identified to me to
be the of -r I j G wood "I've GLC, the corporation that
executed the in rument or the person who executed the instrument on behalf of said corporation,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written. T
KATHERINE LEDDY
(SEAL) Notary Public-State of Idaho
Commission Number 20202759
My Commission Expires Jul 31, 2026
Notary Public for the State of I BCa-"
(Printed Name
Residing at f ors2, ID
My Commission Expires: T 3 (. Zoa.(o
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Consented to by Benefitted Property Owner:
Owner Name:
Signed by: 0AWIC,l M:
t -hn� f A'K n
Title: V ICL r a S1
STATE OF MONTANA )
:ss.
County of U \\
On this day of J WIA 2020, before me, the undersigned, a
Notary Public in and for said State,personald a peared , 1 known o
identified to me to be the V I CC eL(S"k of A W-6-Kknd f' 121 tvMbLA-Q►-kb\ r�SNV1l�I (Vic,the corporation that executed the instrument or the person wh executed the instrument on behalf J
of said corporation,and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
JILL"RY A ht:� '
A Az
ev� NOTARY PUBLIC for the Notary Pu lic for the State of Montana
State of Montana
SEAL Residing at Butte,Montana
U51 My Commission Expires (Printed Name)
OF May 16,2024 Residing at
My Commis i xpires:
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EXHIBIT A
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SCALE S C:(YI-l'ONkVOOD RD
WIDENING&IMPROVE'NIEN"r3 MADISON r:Ncwraauvc.
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EXHIBIT B
Exhi61t8
Cottonwood Subdivision-Payback District
Road Widening and improvements
ITEM
No. nmESCmmlil tbardity Umt Unit Price Sub Total.
General
10 Mobilization 1 LS $40.000.00 $40 0.00,
11 Insurance(Per City of Bozeman standards) 1 LS 525,000.00 $25,000.00
12 Performance&Payment Bonds(Per City to Bozeman Standards) i LS S37 ODDO 537,0DO,00
13 Traffic Control 4 LS $40,000.00 $40.0.00
14 Erosion ConhOMPs 1 LS $49%OOD.00 549,0KOO
15 Dewate ing 1 L5 36 .00 536,560,00
General Subtotal s227,5eto.00
Town Pump%(21%)Subtotal $47,737.60
Roadway
20 Remove&Dispose o1 Fence 511 LF SUB 51=00
21 Contend New Fence 511 LF $8.00 S4088.00
22 Clear and Grub-Stock File On Site(9dndt depth)(ROW) 12,410 SF $0.25 $3,102.50
23 Sterilant(TBCtoTBC) 12,410 SF $0.30 83,723.00
24 SawatAsphaliConade 520 LF $3.00 S1,5w.00
25 Reocve and Dispose Asphalt Conaste 15,395 SF S1.00 $15,395.00
26 Sawcul Concrete Curb i LF $25.00
27 Dispose Concrete Curb i LF $100.00 $t00.00
28 Excavation and Embankment(not Ind mirading roadside ditch) 230 CY SHO 51,3110.00
29 Import dean embankment material from aft 859 CY S15.00 512.985.E
30 Regrading Roadside Ditch 73 LF SUO S438.00
31 Woven Gederi8ee(Mral BOOX or approved equal) 1,516 SY $1.75 $2,03.00
32 TensarTX-19OGeogdd 379 SY $5.50 S2.084.50
33 6'MmrsUndushed Pit Run 714 CY $18,50 513,209.00
34 1.1f2'Mmus Crushed Road Base Course(B*depth) 140 CY $27.00 $3,780.00
35 Asphalt ConcreteWthick) 22.332 SF $2.20 $6.130.40
36 Medan Curb 835 LF $16.50 $13,777.50
37 Median Cap and Base 1,143 SF $5.50 $6,286.50
34 Median Cap Oernporart fled with coshed rock) 43 CY $2 20 $94.60
39 Remove and Dispose of Medan Curb 291 LF $0.00 S.DO
40 Reprove and Dispose of Medan Cap 1,752 SF $0.00 $0.00
0 Curb and Gutter 3.785 LF $16.00 S60580.00
42 Concrete Sidewalk-6'thick with Base 353 SF $6.30 $2,223.90
43 ADA Ramps with Base 343 SF $11.00 S3.773.0)
44 ADA Cast 9an Detectable Wamig Surface-5'vade 5 EA $440.OD S2,200.00
45 Concrete Valley Gder-7'thick 500 SF $9.9D 54.9W.00
48 Topsdt in Boulevards(etnch depth) 42 CY $20.00 SB40.03
General Subtotal $209X,90
Sanitary Sewer
50 Structural Trench BaekfA(6'minus) 110 CY $2010 $2.200.00
51 15'SDR35PVC 500 LF $45.00 S22,500.00
52 8'SOR35 PVC 70 LF S38.50 S2,695M
53 Conned toen'g manhole ioore and bad) 1 EA S2,600.00 S2,50D00
54 48'S.S.Manhole(5'band section) i EA S3.750.00 $3,750,00
55 48'Manhole Additional VF 9 VF S350.00 S2,975,00
56 O'PVC Cap 1 EA $450A0 $450.00
Subtotal $37,070.00
i:b!raccs wcsnsmn vzr'.ack Gsta:b Nosy l'r�dtr+nq arm irswroverers
?a I C F
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Cottonwood Subdivision•Payback DI&W
Road Widening and Improvements
ITEM
No ITEM DESCRI"ON Quantity Unit Una Price So Total
Saptary Sewer Testing
57 Pressure Tea&Flushing 1 LS $1,50O00 $1,5W.OD
58 TV hwdlm 1 LS $6.000.00 $6.000.00
Testing Subtotal $790.00
Testing Town Pump%(25%) $1,015.00
General Subtotal(Subtotal a Town Pump%) $38,945.00
Storm Sewer
60 18'RCP 102 LF 536m $3,672.00
8I Connedloext'g 1 EA $1.000.00 SIX0.00
62 Curb inlet 1 EA $3,150.0D $3,150.00
63 Storamler Detention Basin 1
a)Excavate and dispose=I"[otw 190 CY $10.00 $1,900.1m
b)18'FETS 1 EA $1,210.00 $1110.00
c)FbwConbd Structure 48'Dia. 1 EA $4.500.00 $4,500.W
d)Nydroseeding 875 SF $1.00 $875A
e)6'42'Dlameter Rip Rap Pad(3)iT) 1 CY $100.00 $100.00
General Subtotal WAWA
Sighing&Striping
70 Sign Past 9 EA 5450.00 54,650.00
71 Yellow Flex Delineator 20 EA $350.00 57,0D0.00
72 RI-i Sop Sign 1 EA $150.00 $150.00
73 R347:B4reLane 1 EA 5150.00 5150.W
74 RiSL:Yield to Pedestrirns 2 EA 5150.00 $300.00
75 D11:She Nam 4 EA 00400 5400.00
76 RI-1(Both Diredionsk No Poking Any Tne 1 EA 5150.00 $150.00
77 W11.2(pedestrian Sign) 2 EA 5150.00 5300.00
78 W16-9P('Ahead'%quo) 1 EA S100.00 5100.00
79 WIPP(AamvPWque) 1 EA 5150.00 $150.1a1
80 OM4.3:Dead End Barricade Sign(4) 1 EA $100.00 $100.00
81 4'White Dished Line Epoxy(IV Ines,l5'spadng) too LF $1.35 $135.00
82 4'Whore Sold Lie Epoxy 223 LF $1.90 $423.70
83 4'YeamSdrJ We Epoxy 560 LF 31.90 $1.06400
84 84ce Lane Syift&Mow 1 EA $1.000.00 $1,0.OD
85 'Shadcs Teeth'Yield Bar What ThennoplastleTriangles 46 SF 553.35 $2,560.80
80 Pedesbian Crossing;W White Thermoplastic Bars 192 SF S58.00 $11,136.00
87 8'White Thermoplastic 113 LF $20.O $2M.00
Gerard Subtotal SMA29.50
Street lighting
90 Structural Concrete Pole Foundations 6.3 CY 52,000.00 512,600.00
91 Conduit,2.0'PVC,Trench 1.590 LF S10.DD $15,900.00
92 ConduR,2.0'PVC,Sleeve 45 LF SIODO 545O<m
93 Caudal,21r PVC,Push 220 LF 550.00 $11,000.00
94 Pull Box,Conpoale Type 1 15 EA $1,0DO,00 515,WO.OD
95 Pull Box,Con"sRe Type 2 1 EA 51,100.00 $1.100.00
96 Cmduda,Copper,B10AWG,Ugbbng&Ground 6,500 LF 53.05 $19,825,00
97 li¢d Sid.40 Mount-I O Mast Arm(Type 10-A) 12 EA S3MA $41,000.00
98 Lumina're,(18Cw18 LED-Type III M) 12 EA S1,0m.00 $12,1b0.00
99 20 Amp-Single Lighting.PowotSupply 1 EA 52 KDO $2,500.00
General Subtotal $132,375.O1D
Town Pump%(8%)Subtotal' $1g,590.W
i;rr 4.;'nci t-f.r� ,., al':nvt+g Grim x=:naraa
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WomMood Subdivision-Payback District
Road Widening and Improvements
ITEM
No. ITEM DESCRIPTION Quantity Urrut Link Price Sub TOW
Gas Main Reioation
100 Gas Main Relocation 1 LS $ 40,517.00 S 40,51)q1
subtotal S 40SiJ.�
Town Purne%(17%)Subtotal" S 6,887.88
Utility Pole and Overhead Lane Relocation
200 8 Poles and Overhead line Reloa6on 1 LS $ 210.672.33 S 300.263.30
SUtotal S 3D0,263.30
Town Pump%(10%)MtoW. S 571M.03
Grand TOW $410,377.92
•Pert Breabdowns
Rem I Unit Town Pum Tow Percentage
General LS 5W 2412 21%
Sa nary Sevra Main Testing LF 570 2237 25%
greet L gMing LF 120 15� 8%
Gas Main Rel ailon LF 310 1705 17%
IRi PoleOverheadlineRelosabon LF 404 2094 19%
Cwrtc�utivis;<Fe le:k�:dm1 11'u4�nny:Jii vo-me;6:
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