HomeMy WebLinkAbout8_Proposed Park Development_04-04-2018 CAPITAL PARTNFRS
April 4,2018
Ms. Courtney Johnson
Senior Planner
City of Bozeman
20 East Olive Street
Bozeman,MT 59771
Reference: Public Park Narrative and Cash-in-Lieu Calculation
Dear Ms.Johnson:
Please find the following narrative regarding the development of the park within the Icon Apartment Homes at
Ferguson Farm Development:
The Developer for the Icon at Ferguson Fauns development has worked extensively with the City parks
department from the outset of this project to work towards a park development that provided maximum benefit to
the general public,the residents of the apartment homes,The City of Bozeman,and the Developer. As such the
following plan was agreed upon by the Developer and City parks staff,and subsequently approved by the City of
Bozeman Subdivision Parks Board:
1. Dedication of 1.61 acres of parkland via a public access easement. With the easement dedication,
maintenance responsibility for the parkland falls entirely on the developer. No park improvements or
maintenance responsibilities of any kind will be required by the City. A park maintenance agreement has
been provided and approved by both City Staff and the Parks Board. This park will be open to the
general public as well as to residents of the Icon Apartment Homes at Ferguson Farm.
2. Park improvements of approximately$475,722.20 will be installed as part of construction improvements
by the Developer. This will result in a fully developed park that will be maintained by the property owner.
Improvements include,but are not limited to: 2 large picnic pavilions;4 picnic tables;12 benches;a full
court basketball court;waste containers;a fully developed dog park including synthetic turf,a decorative
fence,and dog agility equipment;trees,shrubs,concrete sidewalks,sod,irrigation,and a large playground
structure.
3. A park cash-in-lieu fee of$126,982.00. This value was based upon a raw land value utilized by the City
Parks Department to determine land value at the allowable 4 units per acre in the City code.
As shown in the attached calculation sheet prepared by the City Parks Department,the Developer responsibility is
approximately$420,268.31 based on a City Parks staff calculation for improvements in lieu and cash in lieu
payments. However,in total,the developer is providing,not including land costs,approximately$602,704 in park
improvements and a cash-in-lieu payment. As noted in the maintenance agreement,the maintenance of this park
is the responsibility of the developer and will be no cost to the City of Bozeman.
We appreciate the opportunity to work with City staff and the Subdivision Parks review board to a mutually
beneficial park project that will have significant benefit to the public at no cost to the City. If you have any
questions,please feel free to contact me anytime at(406) 582-8100.
Sincerely,
k'�O
Will Ralph,PE,LEED AP
Director of Development
Bozeman Apartment Group,LLC
FERGUSON PARK COST CALCULATIONS, IMPROVEMENTS AND CASH IN LIEU
ICON APARTMENT HOMES AT FERGUSON FARMS
3.14 acre deficit
STANDARD PARK IMPROVEMENTS 1.00 acre park 2.37 acre cash in lieu
Park area in SF 43,560.00 136,778.40
Mobilization, site preparation and seeding @ $0.50/SF $21,780.00 $68,389.20
Irrigation @ $25,000/AC($0.57/SF) $25,000.00 $78,500.00
Boundary survey and corner posts $2,000.00 $2,000.00
Street trees: 28 trees @$425 ea $6,800.00 $6,800.00
Sidewalks:834 LF of 6 ft x 6" concrete @$6 SF $30,024.00 $30,024.00
TOTAL COST OF STANDARD IMPROVEMENTS $85,604.00 $185,713.20
LAND COST
land cost for unzoned vacant property @$1.23/SF $53,578.80 $168,237.43
TOTAL PARK COST(LAND+STANDARD IMPROVEMENTS) $139,182.80 $353,950.63
cost per SF $3.20 $2.59
CASH IN LIEU FOR 2.37 ACRES
land cost for unzoned vacant property @$1.23/SF $53,578.80 $126,981.76
TOTAL IMPROVEMENTS PLUS CASH IN LIEU $480,932.39
PARK ELEMENTS:
Picnic pavilion—25 'x 30' $65,110.00
Picnic pavilion—16 'x 16' $39,800.00
4 picnic tables $7,200.00
12 Benches $37,440.00
3 Grills $1,440.00
Basketball Court 50'x84, stripping, hoops $34 900.00
3 waste containers I$5,250.00
Dog park equipment,fence, artificial turf, pet station $87,140.00
Trees-68 deciduous, 7 evergreen $28,155.00
5-gallon shrubs(26) $1,196.00
1-gallon ornamental grasses(32) $608.00
Barrier-free parking sign and ramp $500.00
Concrete walkways(interior) $57,498.00
Playground Equipment $49,278.00
Sof Fall Playground Surfacing (12" depth for 2,835 sf) $4,466.00
Upgrade from seed to sod $10,085.00
Crushed rock $490.88
mowcurb $1,916.00
TOTAL COST OF PARK IMPROVEMENTS $432,472.88
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Return to:
Sanderson Stewart
106 East Babcock
Bozeman,MT 59715
FERGUSON PARK DEVELOPMENT AND
MAINTENANCE AGREEMENT
By and Between
Delaney and Company, Inc.and
Ken LeClair Und 1/2 Interest
and
The City of Bozeman
DATED this day of , 20
FERGUSON PARK DEVELOPMENT AND MAINTENANCE AGREEMENT
This Agreement, made and entered into this day of , 2017,by and
between DELANEY AND COMPANY, INC., of 101 E Main Street, Suite D, Bozeman,
Montana 59715 and KEN LECLAIR UND 1/2 INTEREST, of 2422 Highland Boulevard,
Bozeman,Montana 59715(OWNERS)and the CITY OF BOZEMAN(CITY),a municipal
corporation of the state of Montana, with offices at 121 North Rouse Avenue, Bozeman,
Montana 59715.
RECITALS
1_ Owners presently own the land, known as Lot 3A of Minor Subdivision No. 365,
being an amended plat of Lot 3, Minor Subdivision No. 295, The Spring Creek
Village Resort, and Lot 2A, Minor Subdivision No. 338,The Spring Creek Village
Resort, located in the SW1/4 of Section 10, Township 2 South, Range 5 East,
P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat
thereof on file and of record in the office of the County Clerk and Recorder of
Gallatin County, Montana.
2. Lot 3A is zoned as Residential Office and the proposed development is required to
provide 0.03 acres of park land per unit for up to of 12 units per acre. Park area
dedication, improvements in-lieu and cash in-lieu have been provided to satisfy this
requirement.
3. The park area is 1.6 acres and will be known as Ferguson Park.
4. OWNERS are responsible for developing and maintaining Ferguson Park as
associated with the development of Icon Apartment Homes at Ferguson Farm
5. Pursuant to the City of Bozeman Site Plan approval, dated, , and Section
3 8.27.080 of the City of Bozeman Unified Development Code,the public park shall
be provided, located developed and maintained in accordance with the Parks,
Recreation, Open Space, and Trails Plan(PROST)and shall be known as Ferguson
Park, as shown on Exhibit"A" hereto.
6. OWNERS and the CITY enter into this Agreement in order to address the
development and maintenance of: the public park as associated (Ferguson Park)
with the development of the multifamily development known as Icon Apartment
Homes at Ferguson Farm.
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AGREEMENTS
OWNERS and the CITY agree:
1, Development Standards. The public park within the subdivision shall be
developed, over time, to a minimum standard consistent with the level of
landscaping required by the City of Bozeman Parks and Recreation requirements
or City of Bozeman ordinances. OWNERS may, in their discretion, develop the
public park to higher standard consistent with the Landscaping Plan for Icon
Apartment Homes at Ferguson Farm.
2. Park Master Plan. OWNERS intend to develop the Park Master Plan,as approved
by the City of Bozeman on , to satisfy the park dedication requirements
for Icon Apartment Homes at Ferguson Farm. The Park Master Plan is intended to
present a uniform plan for both Icon Apartment Homes at Ferguson Farm and
Ferguson Park described herein.
3. The Timing of Development. OWNERS shall develop and Landscape the public
park as part of the First through Eleventh Phases of development of Icon Apartment
Homes at Ferguson Farm.
4. Maintenance. OWNERS shall maintain Ferguson Park and the landscaped
boulevards adjacent to the park along Resort Drive and Palisades Drive at no cost
to the CITY. OWNERS shall maintain these areas to a standard consistent with the
level of maintenance afforded other public parks in the City of Bozeman, as
outlined in the PROST Plan.
5. Weed Control, Garbage Collection, Snow and Leaf Removal Plan. In
accordance with the City of Bozeman Subdivision Regulations, OWNERS shall
prepare for submittal and approval by the Park and Recreation Department and City
of Bozeman staff that addresses Weed Control, Garbage Collection, Snow and Leaf
Removal.
6. Public Park. OWNERS shall maintain all improvements, including furnishings,
facilities and landscaping, as shown on the Park Master Plan, in accordance with
this Agreement. In the event that the landscaping is not maintained to CITY
standards or in the event that any of the landscaping becomes a safety issue, then
the CITY shall provide written notice to OWNERS identifying the problem and the
correction that is being requested. OWNERS shall take prompt action to correct
any deficiencies and safety issues. If maintenance and safety issues are not resolved
within thirty(30) days. The CITY reserves the right to perform any maintenance in
the public park that the CITY determines is necessary for public safety. The CITY
shall provide written notice of any safety concerns to OWNERS before the CITY
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performs any maintenance unless the CITY determines that an emergency
condition exists and that immediate action is required.In such event,the CITY shall
provide written notice to OWNERS as soon as possible after the CITY has taken
corrective action.
7. Notices. All notices given pursuant to this Agreement must be in writing and shall
be given by facsimile, by personal delivery, by United States Mail or United States
Express Mail postage or delivery charge prepaid, return receipt requested, or by an
established delivery service, such as Federal Express or United Parcel Service(sent
to the person and address or facsimile number designated below) but if facsimile
notice is used such facsimile notice will only be effective if the written notice and
confirmation of transmission is sent to the addressee by an established express
delivery service. All notices shall be sent to the following:
Owners: Delaney and Company, Inc.
101 E Main Street, Suite D
Bozeman, Montana 59715
Ken LeClair Und 1/2 Interest
2422 Highland Boulevard
Bozeman, Montana 59715
City of Bozeman: City of Bozeman
121 North Rouse Avenue
Bozeman, Montana 59715
8. Interpretation. This Agreement shall not be construed in favor of or against either
parry. It shall be construed neutrally.
9. Amendment. This Agreement shall not be modified or amended, except by a
written amendment executed by and on behalf of both the CITY and OWNERS.
10. Recording. The CITY and OWNERS agree that this Agreement shall be recorded
against the real property described on Exhibit"A"hereto.
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DATED this day of 20
By:
Ken LeClair
STATE OF MONTANA )
ss
County of Gallatin )
On this_day of 120 before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Ken LeClair, known to me
to be the person whose name is subscribed to the within instrument, and acknowledged to
me that he/she did execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
Notary Public for the State of Montana
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Delaney and Company, Inc.
By:
Title:
STATE OF MONTANA )
ss
County of Gallatin )
On this day o f 20 ,before me the undersigned, a
Notary Public for the State of Montana, personally appeared
, known to me to be of Delaney and Company, Inc. and the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the within instrument for and on behalf of Delaney and Company, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
Notary Public for the State of Montana
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ACCEPTED BY:
CITY OF BOZEMAN
By:
Dennis Taylor, City Manager
ATTEST:
Robin Crough, City Clerk
STATE OF MONTANA )
ss
County of Gallatin )
On this day of 20 , before me, a Notary
Public for the State of Montana, personally appeared DENNIS TAYLOR and ROBIN
CROUGH, known to me to be the City Manager and City Clerk, respectively, of the City
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.
Notary Public for the State of Montana
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