HomeMy WebLinkAbout14-Traffic Analysis Agreement between City and RTR HoldingsTraffic Analysis Agreement
This Agreement is made and entered into this Z P) day of ai 2014, between THE
CITY OF BOZEMAN, 121 North Rouse Avenue, PO Box 1230, Bozeman, MT 59771-1230 and
RTR Holdings II, 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 1 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 1
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 I"' 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 1 Minor
Subdivision until Campus Boulevard is connected to South 19a' 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]
Dated: 9 — 5 — Iq
p,OZF
Attest.
s.
Cl Aeemmissigno
STATE OF MONTANA `)
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County of Gallatin
By: (>-�
City o Bozeman
Its: 11ri Ma�raa2!
On the V:�' day of Az) i l 2014, before me, a Notary Public for the State
of Montana, personally appeared Cl -,v f s KJ kU tsk , known to me to be the person
described in and who executed the foregoing instrument as Ci MrAh6fioy of the City of
Bozeman, aud—S&nw UI and c, Clerk of the mmissio for the City, whose
name are subscribed o the within ins nt 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)
Notaily Public for the State of Montafia
ANEE BRUNC Cjor th
............... , NOTA ate of Montanathe
"ontana
at SEMI .s Resiu�ncat ommession E pies
2
Date: Zg 1I
STATE OF
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County of
By:� �t _
RTR HOL GS I1, LLC
By: Three River Capital, LLC, its manager
By:
Name: Gees, ae 2
Title:
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)
ACKNOWLEDGMENT
State of California
County of MariY--) )
On MGi d'1 28; 2-01L4 before me,
(insert name and title of the officer)
personally appeared l� >°OVG� 2� K • �QL��
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.
Signature
+1Jlllallllllllllllllllillll{IIIIIIIIIIIIIIIIIIIIIIII1111111111111111I111111111111111111L
ERICA EICHHORN
Commission k 2028293
Notary Public California
.r„ Mann -'ounly
My Comm. Expires Jun 9, 2017
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