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HomeMy WebLinkAbout14-South University District Phase 1 Minor Subdivision Improvements Agreement J-518 Send Ori ' to: City of Bozeman Planning Department P.O.Box 1230 Bozeman,W 59771 2478010 Charrlot toe f Mil ls — 4 alla2 0in4count9 ,0MTpM Fee. $MIsCO 1 IIIIIII IIIIII III IIIII 1111111111111111111111111111111111111111111111111111 IIII IIII IMPROVEMENTS AGREEMENT FOR SOUTH UNIVERSITY DISTRICT PHASE 1 MINOR SUBDIVISION This AGREEMENT is made and entered into this -ZR day of �Ar4 -cLt 92014, by and between RTR HOLDINGS II, LLC, hereinafter called the "Subdivider", and the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at City Hall, 121 North Rouse Avenue,P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called the "City". WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of preliminary plat approval, Planning Application No. P-13048, for the Final Plat application of South University District Phase I Minor Subdivision, to subdivide 126.95f acres and create one (1) lot for initial development and (2) lots that would require further subdivision review, and the remaining area as public streets; and WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for South University District Phase I Minor Subdivision;and WHEREAS, it is the intent of the Subdivider to file the Final Plat for the South University District Phase I Minor Subdivision, prior to the installation of all required subdivision improvements; and South University District Phase 1 Minor Subdivision—Improvements Agreement 1 WHEREAS, it is the intent and purpose of both the Subdivider and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements related with the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Plat approval of South University District Phase I Minor Subdivision. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to, and includes, those properties which are designated and identified as being: A tract of land located in the southwest quarter(SW 1/4)of Section 13 and the northwest quarter(NW 1/4) of Section 24,Township 2 South,Range 5 East,Principal Meridian Montana, City of Bozeman,Gallatin County,Montana,being more particularly described as follows: Beginning at the one-quarter(1/4)corner common to said Sections 13 and 24; • thence South 01°40'S4"West, 1314.96 feet along the north-south midsection line of said Section 24 to the center-north one-sixteenth(C-N1/16)corner of said Section 24; • thence North 89°20'02"West,2683.78 feet along the north one-sixteenth (N1/16)line of said Section 24 to the east right-of-way line of South 19t'Avenue; • thence along said right-of-way line on the following courses: o North 00'35'17"West,2.59 feet; o South 88°25'06"East, 9.99 feet; o North 0095'21"East, 1]59.34 feet; o North 01°36'58"East, 854.78 feet; o North 25°09'05"East, 71.56 feet; o North 01°36'58"East, 518.37 feet; o North 42°52'41"East, 14.93 feet to the south right-of-way line of Kagy Boulevard; • thence South 89107'19"East, 680.51 feet along said right-of-way line to the northwest corner of Tract 1 of Certificate of Survey No. 2661 A; • thence South 01'03'07"West, 1081.58 feet along the west line of Tracts 1,2 and 3 of said Certificate of Survey No. 2661A to the southwest corner of said Tract 3; • thence South 89'07'19"East,546.00 along the south line of said Tract 3 to the southeast corner of said Tract 3; • thence North 01103'07"East, 1081.58 feet along the east line of said Tracts 1,2 and 3 to the northeast corner of said Tract 1 and the south right-of-way line of Kagy Boulevard; South University District Phase 1 Minor Subdivision—Improvements Agreement 2 • thence South 89007'19"East,30.00 feet along said right-of-way line to the northwest corner of Lot 1 of Boylan Addition I (Plat 21,Film 869); • thence South 01°03'07"West, 619.34 feet to the southwest corner of said Lot l; • thence South 89003'48"East,350.73 feet along the south line of said Lot 1 to the southeast corner of said Lot 1 and the southwest corner of Stadium Center Subdivision(Plat J-272); • thence South 89°03'48"East, 1022.44 feet along the south line of said Stadium Center Subdivision to the southeast corner of said Subdivision; • thence South 01°17'35"West, 665.67 feet to the point of beginning. Containing 126.95 Acres,more or less. 2. Improvements This Agreement specifically includes the following improvements for South University District Phase 1 Minor Subdivision: a)street, sewer,water, and storm drainage improvements for South I Vb Avenue, Campus Boulevard, and State Street, b)street lighting improvements for South I I"Avenue and Campus Boulevard and c)Lot 1 frontage sidewalks along South I I'h Avenue,Campus Boulevard,and State Street; and asphalt pathways in easements for future streets;as shown on plans approved by the City of Bozeman. The Estimated Cost of said improvements has been estimated by Stahly Engineering and Associates, 7585 Slredhorn Drive,Bozeman, MT 59718, at Seven Hundred Sixty-Four Thousand, Eight Hundred Sixty-One and 851100ths Dollars($764,861.85) and is attached and made a part of this Agreement,as Exhibit"A". 3. Financial Guarantee,Time for Completion of Improvements,Additional restrictions It is the Subdivider's intent with this Agreement to file the Final Plat prior to completion of all required subdivision improvements. Therefore,this Agreement shall be secured by a financial guarantee in the form of a cash deposit with the City of Bozeman in the amount of one hundred and fifty (150) percent of the Estimated Cost of said improvements. The cash deposit shall be provided to the City via wire transfer with instructions for such transfer to be provided by the City's Director of Administrative Services.No interest shall accrue to the Subdivider on the cash deposit. South University District Phase I Minor Subdivision—Improvements Agreement 3 Except as provided in this section regarding release of a portion of the financial guarantee, the financial guarantee shall be in full force and effective until all the work required by this Agreement is completed by the Subdivider and accepted by the City of Bozeman. The Subdivider hereby agrees that the following subdivision related improvements shall be installed and completed within one (1) year of the filing of the final subdivision plat for South University District Phase 1 Minor Subdivision, whether such work is to be accomplished by Subdivider or delegated to a third party: a) street, sewer, water, and storm drainage improvements for South 111h Avenue, Campus Boulevard, and State Street and, b) street lighting improvements for South II'h Avenue and Campus Boulevard; as shown on plans approved by the City of Bozeman. All Lot I frontage sidewalks along South lI1h Avenue, Campus Boulevard,and State Street; and asphalt pathways in easements for future streets shall be commenced on or before the issuance of a building permit for Lot I improvements and shall be completed prior to issuance of an occupancy permit or within three (3) years of the tiling of the final plat for South University District Phase I Minor Subdivision whichever comes first, in order to avoid default on the method of security. The Subdivider agrees that no delegation of performance required by this agreement shall relieve the Subdivider of any duty to perform or any liability for the breach of that duty to complete said subdivision improvements required for the South University District Phase 1 Minor Subdivision. Upon submission of fully documented invoices for the work performed, said work to be inspected, accepted, and certified for payment by Subdivider's professional engineers and the City of Bozeman and or its agents as necessary,the City of Bozeman shall release that portion of the cash deposit for the work completed by the referenced invoices, equal to 150% of the original estimated cost for such work. South University District Phase 1 Minor Subdivision—Improvements Agreement 4 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Subdivider is in compliance with this Agreement, and the Subdivider shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence of this Agreement. If the Subdivider shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of thirty(30) days after written notice specifying the default is deposited in the United States mail addressed to the Subdivider at RTR Holdings H,LLC, 67 Village Drive Suite 206,Belgrade,MT 59714, or such other address as the Subdivider shall provide to the City from time to time, without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the following specified remedies: A) The City may, at its option, declare the financial guarantee to be forfeited and, without the consent of the Subdivider, secure the complete construction and inspection of the improvements described herein. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection,and the Developer shall permit and secure any additional permission required to enable them to do so. In the event that any funds remain from the financial guarantee upon completion of all improvements,such funds shall be promptly returned to the Subdivider. B) The City may enforce any other remedy provided by law. 6. Indemnification The Subdivider hereby expressly agrees to indemnify and hold the City harmless for and against all claims, costs and liability of every kind and nature, for injury or damage received or sustained by any person or entity in connection with,or on account of the performance of work at the development site and elsewhere pursuant to this Agreement. Subdivider further agrees to aid and defend the City in the event that it is named as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Subdivider. The Subdivider is not an agent or employee of the City. South University District Phase 1 Minor Subdivision—Improvements Agreement 5 7. Attorney Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including City Attorney. 8. Warranty The Subdivider shall warrant against defects of all improvements and that these improvements are made in a good and workman-like manner for a period of two (2)years from the date of their written acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently maintained by the Subdivider pursuant to section 38.26.100 of the Bozeman Zoning Code. 9. Governing Law This Agreement shall be construed according to the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 10. Modification or Alterations No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto. 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. No Assignment It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in part, without prior written consent to City. South University District Phase 1 Minor Subdivision—Improvements Agreement 6 13. Successors Except as provided in paragraph twelve(12),this Agreement shall be binding upon, ensure to the benefit of,and be enforceable by the parties hereto and their respective heirs,successors and assigns. 14. Counterparts To facilitate execution of this Agreement, the parties may execute and exchange counterparts of signature pages by facsimile or via e-mail by .pdf (or similar format), and any such facsimile/e-mail counterpart signatures are binding on the party providing same and may be combined to form one complete document. 15. Filing The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder at the same time the Final Subdivision Plat for the South University District Phase I Minor Subdivision is filed. [Execution pages follow] South University District Phase 1 Minor Subdivision—Improvements Agreement 7 IN WITNESS WHEREOF,the parties have signed this Agreement as of the date first set forth above. SUBDIVIDER RTR HOLDINGS II,LLC By: Three River Capital,LLC,its manager By: Name: Title: OAA r STATE OF ) :ss County of ) On this day of , 2014, before me a Notary Public of the State of Montana, personally appeared , known to me to be the person that executed the foregoing Improvements Agreement, and acknowledged to me that they executed the same for and on behalf of said Subdivider. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) (Printed Name Here) Notary Public for the State of Montana Residing at My Commission Expires: (Use 4 digits for expiration year) South University District Phase 1 Minor Subdivision—Improvements Agreement 8 ACKNOWLEDGMENT State of California County of \M(�V1f1 ) On Mr'krL" f before me, (insert name and title of the officer) personally appeared -e C)r e. ►e • gecy y who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. uununwmuwwnuuunnmmunnniuitnnnnnuuuuuuruuum ERICA EICHHORN Commission#2028293 Notary Public-California Marin County Si tu Seal = My Comm. Expires Jun 9, 2017 na (Seal)g ,'3111111111111111111111111111111UIUIIIIIIIIIIIIIIIIIIIIIllI�IIIIIIIIIIIIIIIIIIIII11�Nlllfi. THE CITY OF BOZEMAN BY: DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF BOZEMAN STATE OF MONTANA } :ss County of Gallatin ) On the . { day of C .2014.before me,a Notary Public for the State of Montana, personally appeared '::Z�LACLS, known tome to be the person described in and who executed the foregoing instrument as Director of Community Development for the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m seal on the day and year first written above. (SEAL) f IA�sA L HAS FIE (Printed Name Here) rg0t.3r;,F lt7JjC Notary Publiifor the State of Montana or the SlatC of Rluntttnt' Residin at `C_r-ZC�av\ . F<csrC, "-j at g Uo�efi"r rr:. fvlor ta.,n� My Commission Expires: � U y C0rtim,,;;,0„Expires: (Use 4 digits for expiration year) South University District Phase 1 Minor Subdivision—Improvements Agreement 9 Exhibit A-Engineer's Estimate South University District Phase 1 Minor Subdivision Street and Utility Improvements for South 11th,Campus Blvd,and State Street item# General (Ity unit Unit Price Total Cost 1101 Bonding and Insurance 1 lum $18 000.00 $18 000.00 1102 SWPPP Conditions and BMPs 1 lum $15,000.00 $15 000.00 1103 G.C.Conditions 1 turn $36,422.00 $36.422.00 1104 Construction Staking 1 lump $21.700.00 121,700,00 Subtotal General $91 122.00 Item# I Water Mains MY unit Unit Price Total Cost 1201 12"Water Main 522 If $53.00 $27 666.00 1202 12"Valve 1 ea $2,750,00 $2,750.00 1203 12x8 Cross 1 ea $750.00 $750,00 1204 12x6 Tee 1 ea $50o.00 $500.00 1205 12"Ca 1 ea $450,00 $450,00 1206 B"Water Main 225 B $43.00 $9 675.00 1207 8"Valve 2 ea $1,450,00 $2 900.00 1208 184 Tee to Hydrant 2 ea $400.D0 $800.00 1209 8"Cap i ea $250.00 $250.00 1210 Blow off Hydrants 2 ea $1 750.00 $3,500,00 1211 Fire Hydrant Assembly 3 ea $4 150,00 $12 450.00 1212 Conned to Existing 12"Main with 8"WM inlcudes valve 1 ee $2 975,00 $2,975,00 1213 Conned to Existing 12"Main with 12"WM includes valve 1 ea $4.650.00 $4 650.00 1214 Conned to Existing 8"Main with 8"WM includes valve 1 ea $2 475,00 $2,475.00 Subtotal Water Mains $71 791.00 Item# Sewer Mains MY unit Unit Price Total Cost 1301 Connection to Existing Main Inlcudes Exploratory Ex 1 ea $2,000.00 $2 000.00 $3 1302 8"Sewer Main 66 If $50.00 300.00 1303 Standard Manhole 5'Depth 1 ea $2 250.00 $2,250.00 1304 Extra Manhole Depth 5 It Subtotal Sewer Mains $300.00 $ $9,050.00 0.00 Item# Storm Drains and Detention QtY unit Unit Price Total Cost 1401 36"PVC Storm Drain 302 tf $72.00 $21,744.00 1402 30"PVC Storm Drain 734 If $58.00 $42 572.00 1403 2T'PVC Storm Drain 512 if $58.00 $29 696,00 1404 27"RCP Storm Drain 25 l $60.00 $1 500.00 1405 24"PVC Storm Drain 36 If $42.00 $1,512,00 1406 18"PVC Storm Drain 77 If $22.00 $1,694.00 1407 15"PVC Storm Drain 1567 If $17,00 $26,639.00 1408 15"RCP Storm Drain 157 if $24.00 1 $3 768.00 1409 12"PVC Storm Drain 60 If $16.00 $960.00 1410 72"Manhole 6 ea $4,250.00 $25 500,00 1411 60"Manhole/Curb inlet 4 ea $3 250.00 $13,000.0o 1412 48"Manhcle/Curb Inlet 7 ea $1 950.00 $13,650.00 1413 24"x 36"Curb Inlet 2 ea $1,950.00 $3 900.00 1414 Detention Basin Excavation 3000 CY $3,50 $10 500.00 1415 Detention Basin Outlet Structure 2 ea $2 875.00 $5 750,00 1416 Detention Basin Sub grade Drain 1200 If $10.00 $12,000,00 1417 15"RCP Flared End Section 4 Be $575.00 $2,300.00 1418 W'RCP Flared End Section 1 ea $875.00 $876.00 1419 36"RCP Flared End Section 1 ea $1 000.00 $1,000,00 1420 8"Drainage Culvert Under Trails 26 If $20,00 $520.00 Subtotal Storm Drains and Detention $219 080.00 Item# Streets Q unit Unit Price Total Cost 1501 Topsoil Stripping 15"depth 5017 cv $2.50 $12 542.50 1502 Site Grading cut and fill on-site 2220 CY $3,00 $6,660.00 1503 Utility Sleeves 8" 800 If $8,00 $6400.00 1504 Construct Road Sub grade 5329 s $1.00 $5 329.00 1505 Geotextile Fabric 5329 s $1.35 $7194 15 1506 Pit Run Sub-base 2665CY $14.00 $37 3%00 1507 Crushed Road Base 1030 CY $22.00 $22 660.00 1508 Curb and Gutter 1845 If $12.00 $22,140,00 1509 Colored Textured Concrete Crosswalks 7"Thick 267 sf $11.00 $2 937.00 1510 Sol Replacement and Finish Grading 2007 $4.00 $0,027.20 1511 Pavement 974 ions $67.00 $65,258.00 1512 Painted traffic lines-Streets 25 gal $60.00 $1,500.00 1513 Plastic Pvmt Marking Words and Symbols 58 sf $75,00 $4,350.00 fir t, 1514 Plastic Pvmt Marking Stop Bars and Crosi;a s 473 sf $22,00 $10,406.00 1515 Yellow Curb Paint 9 al $60.00 3540.00 r{ C t i I L Vr1• •� 1516 Si na a 32 ea $325.00 $10400.00 1517 Curb Delineator 6 ea $100.00 $600,00 PJvt_ " Subtotal Streets $224 253.85 • r.o. '11845PE Total Streets and Utilities $615,296.85 ' • L 0 . Street Lighting Improvements for South 11th and Campus Blvd r em# street LI htin 0 unit Unit Price Total Cost tS c, �•!' 1�n Electrical Service,Meter and Controls 1 lump $8,500.00 $8 500.00 Street Light Pole and Base 8 ea $3 800.00 $30,400.00 Z- Conduit and Wire i 190 if $14.00 $16 660,00 Total Street Lighting $55,560.00 Lot Fronts a Sidewalks and Pathways Item# Sidewalks and Pathways 0 unit Unit Price Total Cost 1601 Concrete Sidewalk 4"Thick 16000 sf $4.00 $64000.00 1602 Concrete Sidewalk and Aprons 6"Thick 900 sf $5.00 $4 500.00 1603 Delectable Warning Surface Pads 2'x4' 25 ea $350.00 $8 750.00 1604 6 FT Asphalt Pathway 360 If $11.00 $3,960.00 1605 10 FT Asphalt Pathway 853 If $15.00 $12 795,00 Total Sidewalks and Pathways $94,005.00 Total Cost of Improvements $764,861.85 Financial Guarantee(150%of Cost) $1,147,292.78 2478011 MISC Pam_ 1 of q 04l0812014 li:29:08 AM Fee $4 0© i pli�Tl Charlotte Mills - Gallatin CounlY. MTV 111111111111111111111111111111111111111111111111�11111111111111111illlll Traffic Analysis Agreement J-518 This Agreement is made and entered into this Z6 day of FFi , 2014, between THE CITY OF BOZEMAN, 121 North Rouse Avenue, PO Box 1230,Bozeman, MT 59771-1230 and RTR Holdings It, LLC, a Montana limited liability company, 67 Village Drive, Ste. 206 Belgrade Montana 59714(herein referred to as"Developer")to provide traffic mitigation for South University District Phase I Minor Subdivision: Developer shall provide to the City of Bozeman a traffic analysis within one year of the issuance of first occupancy permit for any structure within South University District Phase I Minor Subdivision. The traffic analysis shall evaluate the vehicular traffic utilizing Arianna Way, within the City of Bozeman. The timing of the traffic analysis shall be approved by the City of Bozeman prior to conducting the analysis. The parties further agree that if the traffic analysis results indicate that the average daily vehicular weekday trips utilizing Arianna Way exceed 800 trips during a two week analysis period the Developer will construct State Street from Arianna Way to South 11`h Avenue or provide other methods of relieving the cut through traffic. At any time after the one year of the issuance of the first occupancy permit for any structure within Lots 1,2 and 3 South University District Phase 1 Minor Subdivision,the City of Bozeman may conduct traffic counts independently of the Developer to analyze if the 800 average weekday trips threshold is being exceeded. If at any time within the term of this Agreement average daily weekday trips utilizing Arianna Way exceed 800 during a two week analysis period,the Developer will construct State Street from Arianna Way to South I Vh Avenue, or provide other methods of relieving the cut through traffic. The terms of this Agreement shall remain in effect from the date of the issuance of the first occupancy permit within Lots 1, 2, and 3 of South University District Phase I Minor Subdivision until Campus Boulevard is connected to South 19`h Avenue, or State Street is constructed as a consequence of any other development. This agreement shall be governed by the laws of the State of Montana. Venue for any litigation will be in Gallatin County, State of Montana. [signatures to follow] c'��� -�ZIL Dated: _ By: City o Boze an O Its: 1 r a Q e vp Attest r C1 rk�Commission J e . STATE OF MONTANA^) :ss County of Gallatin ) On the�day of A'�--)t-i l , 2014, before me, a Notary Public for the State of Montana, personally appeared Ghv;s K0 kU tS16 , known to me to be the person described in and who executed the foregoing instrument as Ct4j,, M6jy\ of the City of Bozeman, and vI and , Clerk of the mmissio for the City, whose name are subscribed To the within instrurtr6nt and acknowledged to me that they executed the same for and on behalf of said City of Bozeman, Montana. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (SEAL) Notai4y Public for the State of Montaiia At Er-BRUNCKHORST NCIpyO NOTARY PUBLIC for the State of Montana ontana * Residing at Belgrade, SEAS:i` MY Commission Expires OF A.. December 04,2016 2 Date: SZg` / By: 4— RTR HOLIMGS II, LLC By: Three River Capital, LLC, its manager By: Name: 2 Title: A1-4 e STATE OF ) :ss County of ) On this day of 2014, before me a Notary Public of the State of Montana, personally appeared , known to me to be the person that executed the foregoing and acknowledged to me that they executed the same for and on behalf of said Developer. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) (Printed Name Here) Notary Public for the State of Montana Residing at My Commission Expires: (Use 4 digits for expiration year) 3 ACKNOWLEDGMENT State of Californ County of [ia ri Yi Y1 ) On (Y)Oj6l Z8; 2-QK� before me, _C c `C _ L,t(�V��1�x1•, (insert name and title of the officer) personally appeared Q e-o (2 19' . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Jununuuuuuumllnupplppiluuunnununnuuuuuuunuuunm WITNESS my hand and official seal. = ERICAEicHHORN Commission«" 2028293 s Notary Public California Man.; -ounty My Comm. Expires Jun 9, 2017 Signature (Seal) uuuuuuuununum„i,iiii,i„ii,,,,uumuuuuuunuuuuuuunuwr J-518 Inter-office Original to: City of Bozeman Department of Community Development P.O.Box 1230 Bozeman, MT 59771-1230 2478014 Page: 1 of 2 04/08/2014 11:29.08 AM Fee $2.00 CharlotMills - Gallat Count IT 11111111111111�1111111111111110111111111111111111111111111111111i111 �111 MISC NOTICE OF BUILDING PERMIT RESTRICTIONS SOUTH UNIVERSITY DISTRICT PHASE 1 MINOR SUBDIVISION NOTICE IS HEREBY GIVEN to all potential purchasers of the Lots in the South University District Phase 1 Minor Subdivision, City of Bozeman, Gallatin County, Montana, described as Lot 1, South University District Phase 1 Minor Subdivision, which is described herein, that the final plat of the subdivision was approved by the Bozeman City Commission before all required on and off-site improvements were completed, as is allowed in Sections 38.39.030.B.1.b(1), 38.39.060, and 38.39.080.B of the Bozeman Municipal Code. As such, an Improvements Agreement was filed with the final plat that stipulates the time period during which all improvements must be completed, and those improvements were financially guaranteed to the City of Bozeman by the Subdivider. NOTICE IS ALSO HEREBY GIVEN to all potential purchasers of Lots in the South University District Phase 1 Minor Subdivision, City of Bozeman, Gallatin County, Montana, described as Lots 2 and 3, South University District Phase 1 Minor Subdivision, which is described herein, that the final plat of the subdivision was approved by the Bozeman City Commission without any required on and off-site improvements. THEREFORE, BE ADVISED, that Building Permits will not be issued for Lot 1, South University District Phase 1 Minor Subdivision, until all required subdivision improvements are completed and accepted by the City of Bozeman. These on and off-site improvements include installation of water, sewer, stormwater facilities street lighting, and transportation facilities including South 111h Avenue and Campus Boulevard, and shall be completed prior to issuance of a building permit unless written approval is otherwise obtained from the City Engineering Department. The sidewalks adjacent to lots and asphalt pathways within street easements shall be completed within 3 years of final plat approval. Building Permits will be issued prior to the installation of pathways and sidewalks as long as these items remain under financial guarantee. THEREFORE, BE FURTHER ADVISED, that Building Permits will not be issued for Lots 2 and 3, South University District Phase 1 Minor Subdivision, City of Bozeman, Gallatin County, Montana subdivision until all required on and off-site improvements are completed and accepted by the City of Bozeman. No building or structure requiring water or South University District Phase 1 Minor Subdivision;Notice of Building Permit Restrictions Page I of 2 sewer facilities shall be utilized on any Iot in this subdivision until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman. DATED this ? day of Acr► . 2014. THE CITY OF OZEMAN Director of Community Development STATE OF MONTANA ) :ss County of Gallatin ) Y� ' On this � day of \ , 2014, before me, a Notary Public for the State of Montana, personally appeared C4,.rs S, &,,dt.s , known to me to be the person described in and who executed the foregoing instrument as Director of Community Development, City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. r (S' C�xa �"s ture above) (Seal), 19T l� �� ��f+ TARA L H.4STIE , , �sT�F Notary Public (Printed Name above) �oIAQ1.4 , for the State of Montana Notary Public for State of Montana - rresidinct at: Residing at: J' �T.`�i:Al, Montana �FOF•�ti����.' Ply Commission Expires: Commission Expires: G 1 April 04. 2017 (Use 4 digits or expiration year) South University District Phase 1 Minor Subdivision; Notice of Building Permit Restrictions Page 2 of 2