HomeMy WebLinkAbout11- Consent to Conditions of Approval, Impact Fee Credit Offer IFCR-0601, Mitchell Development7
CITY OF BOZEMAN IMPACT FEE CREDIT OFFER IFCR-0601
WHEREAS, the City of Bozeman has offered street impact fee credit to Mitchell Development
Group LLC for construction of signalization of the intersection of Fowler Avenue and W. Main Street
and wastewater impact fee credit for oversized installation of sewer trunk line under Fowler Avenue;
and
WHEREAS, the impact fee program is governed by Chapter 3.24, BMC and all actions must
comply with the standards and procedures of that chapter; and
WHEREAS, the approval of the credit offer is subject to the following six (6) requirements:
I . The credit will be made available as a balance maintained by the City against which the credit
holder may draw to offset impact fees due as building permits are issued. (Option 3 in Section
3.24. 1 OO.G, BMC)
2. The final credit values are established based upon review of final actual costs and shall be
adjusted to remove any project related costs as defined in Section 3.24.040, BMC and as required
by Chapter 3.24, BMC. Eligible costs are limited to those meeting the criteria of 3.24.040.,1,
BMC, therefore costs for temporary work or other cost attributable to construction timing or
other construction management choices is not eligible for reimbursement. The amount of the
granted credit is $224,615.61 for wastewater and $384,579.39 for transportation.
The impact fee credit is only valid for qualifying improvements and does not include any costs
necessary for the processing, design, installation, or development of the individual projects
within the Bozeman Gateway development.
4. This agreement does not supersede any other agreement between the applicant and City which
may limit the amount of reimbursable cost.
5. Costs generated by making application for an impact fee credit or finalizing an impact fee
application are procedural costs distinct from the completion of the capacity expanding work and
are not eligible for reimbursement.
6. The applicant shall agree in writing to the above listed conditions of approval, and any necessary
revisions to the City's capital improvement program shall be completed. prior to the credits
becoming effective.
NOW, THEREFORE, BE IT HEREBY KNOWN, that applicant agrees to the above-noted six (6)
conditions of approval for the offered impact fee credit,
DATED THIS DAY OF J"_r 4L Y 2011.
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