HomeMy WebLinkAbout24 - Irrevocable Offers of Dedication & Letters of Credit - MSU QOZB 1, LLC - Allison Subdivision Phase 4A 2822994
Page: 1 of 4 03/2?12024 0120:03 PM Fee:M$SC'00
Eric Semerad - Gallatin County, MT
Return Original111111IN IN 11111 EII 111111111111111111 IN IN
City of Bozeman
City Clerk
PO Box 1230
Bozeman,MT 59771-1230
City of Bozeman Conditional Irrevocable
Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this A 6"�day of�l 4rt 1-, 2024,by MSU QOZB I,LLC 2929 W Navigator Dr,Suite
400,Meridian,ID 83642 (hereinafter referred to as "Grantor").
WHEREAS, Grantor is the legal owner in simple fee interest of certain real properties located
in the County of Gallatin, State of Montana, and described as Lot 1A and Lot 2A of Amended Plat
Lot 1 and Lot 2, Block 1, Allison Subdivision Phase 4A, located in the NE 1/4 of Section 24,
Township 2 South, Range 5 East, P.M.M, City of Bozeman, 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 of Bozeman(hereinafter the
"Permit"); and
WHEREAS, approval of Application#23235 The Bo5tes Site Plan was granted on
December 29th,20231 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.23235,the Grantor hereby offers to dedicate to the
Municipality, the sewer and water improvements and street infrastructure constructed or be
constructed upon the real property as specifically set forth, described and identified in the plans and
specifications issued or prepared by WWC Engineering,895 Technology Blvd Suite 203,Bozeman,
MT 59718.Project 2024-002-IR The Bo6tes SP dated March 1st 2024(with subsequent approved
revisions),which are by this reference incorporated in this instrument.
2822994 Page 2 of 4 03/29/2024 01.20.03 PM
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 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 Grantor
and all successors and assigns. This Offer shall benefit the Municipality only so long as said
improvements and infrastructures 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, construction materials, warranty, and all other elements
relating to improvements or infrastructure constructed or be constructed pursuant to the Permit
shall be fully applicable.
5. Term. This irrevocable Offer 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 run 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.
2822994 Page 3 of 4 03/29/2024 01.20.03 PM
MSU QOZB I,LLC
(signature) (print)
Its VA
STATE OF California )
):ss
County of San Mateo )
On this day of �" � ,20 before me the gndersigned, a Notary
Public for the State of California,personally ►n`'� 5 C�1°'� known to
appeared me to be �''��`^``Sa' of M S 0 o26 n the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
within'�nn�1,strument for and on behalf of
N�SU 6Z0 Z9 , Lac
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
JASON JAVIER ESCOBEDO
COMM.#2346520
NOTARY PUBLIC 0 CALIFORNIA G)
Cl � SAN MATEO COUNTY
0
Comm.Exp.FEB. 12,2025
to ublic for the State of California
(Printed Name) ^
Residing at S"^
My Commission expires °Z 1 1 2 /20
2822994 Page 4 of 4 03/29/2024 01.20.03 PM
ACCEPTED:
CITY OF BOZEMAN,MONTANA
Vl_
.� City Manager
� ATTEST:
�3 2� City Clerk
STATE OF MONTANA
County of Gallatin
On this 2 day of 201�before me, he undersigned, a Notary
Public for the State of Montana,personally appeared M91i MWE446ft and MIKE MAAS,known
to me to be theSity Manager and City Clerk for the City of Bozeman,respectively,and the persons
whose names are subscribed to the within instrument, and acknowledged to me that they executed
Jr the same for and on behalf of the City of Bozeman.
U3�
2�1-20" IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL) 7
,� J��6 HUIyT•,,,, JULIE HUNTER
Notary Public
:'NoTngiq�. =for the state of Montana
* SEAL, * Residing at:
zg Bozeman, Montana
9,�i pF•�o�P, My Commission Expires:
?otary0blic for the State of Montana "', June 11,2025
_moo) Iti�i e l,)vv-�y-
(Printed Name)
Residing at Bozeman,Montana
My Commission Expires: 0 / /2025