HomeMy WebLinkAboutResolution No. R22-05RESOLUTION NO. R22-05
RESOLUTION OF THE CITY COUNCIL APPROVING THE DEVELOPMENT
AGREEMENT BETWEEN THE GL DEVELOPMENT LLC, THE LAUREL DEPOT LLLP,
AND THE CITY FOR THE DEVELOPMENT AND CONSTRUCTION OF LOW INCOME
HOUSING TO BE LOCATED WITHIN THE CITY OF LAUREL.
WHEREAS, representatives from the GL Development LLC, the Laurel Depot LLLP, and the
City of Laurel hereinafter ("Parties") negotiated a Development Agreement that contains the terms and
conditions required by the City for the development and construction of twenty-four apartments to be
utilized for low-income housing for eligible and qualified residents; and
WHEREAS, the Development Agreement provides the duties, responsibilities, and requirements
for all Parties' including, but not limited to, water, sewer, wastewater, street construction and
improvements, and parking for the proposed development; and
WHEREAS, the Parties negotiated and prepared the attached Development Agreement that now
requires the approval of the City Council since the Development Agreement, once approved, shall
constitute a final, valid and enforceable agreement between the Parties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana
that the attached Development Agreement is hereby approved and that the Mayor and appropriate staff
are hereby authorized to sign the Development Agreement on the City's behalf and take whatever steps
required for perfection of the City's interest under the Development Agreement.
Klose.
Introduced at a regular meeting of the City Council on January 25, 2022, by Council Member
PASSED and APPROVED by the City Council of the City of Laurel this 25th day of January 2022.
APPROVED by the Mayor this 25th day of January 2022.
r—qTY OF LAUREL
Dave Waggoner, Nfajor
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Bethany ve erk-Treasurer ,.�`'�O ........ 0.
Approved tof �• �� °/
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Sam S. Pa nter,YCivi1 City Attorney o®"1-im��1�,
R22-05 Development Agreement: Low Income Housing: GL Development LLC and the Laurel Depot LLLP
Return to:
Laurel Depot LLLP
c/ GL Development, LLC
4799 Echo Drive
Helena, MT 59602
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT is made this "/ — day of TOLW LiY1.1,
20 n' by and between GL Development, LLC, a Montana limited liability company, 479
Echo Dr. Helena, MT 59602, hereinafter referred to as "DEVELOPER," Laurel Depot
LLLP, a Montana limited liability limited partnership, 4799 Echo Dr. Helena, MT 59602,
"OWNER", and the CITY OF LAUREL, MONTANA, a municipal corporation, c/o City
Hall, 115 West I" Street, Laurel, Montana, 59044, hereinafter referred to as the "CITY."
WHEREAS, DEVELOPER is the owner of certain real property in the form of
single tract situated in Yellowstone County, Montana, more particularly described as
follows:
LEGAL DESCRIPTION: according to the official plat on file and of record in the
office of the Clerk and Recorder of said County, hereinafter referred to as "Developer
Tract' as well as all adjacent public right-of-way.
Tract 1 A of Amended Certificate of Survey No. 3785. Located in the SE V4 of the SE
'/4 of Section 8, Township 02 South, Range 23 East, P.M.M.
WHEREAS, CITY has approved the Petition for Annexation by Resolution No. _
R17-14 for the Developer Tract. Approval of an amended Certificate of
Survey and the issuance of building permits is contingent upon the execution of this
Development Agreement executed by and between CITY, OWNER and DEVELOPER to
identify required off-site infrastructure improvements and guarantees of those
improvements.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties do hereby agree as follows:
Development Summary. The Development consists of the new construction
of 24 apartments for low-income residents consisting of four 1 -story
buildings with associated site improvements, including parking, driveways,
sidewalks and landscaping.
Variances. The following proposed code variances are hereby consented to
and approved by the City: 1) [ 17.16.020] At future extension of W. 2°a Street
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along the south property line, reduction of Side -Adjacent -to -Street setback
for residential district RMF from 20 -feet to 13 -feet. 2) [ 17.16.020] Reduction
of minimum required district size from 2.07 acres to 1.946 acres due to the
granting of 0.413 acres of the parcel to City of Laurel as Right -of -Way at 3`d
Street, 8`h Avenue and W. 2"d Street edges of the parcel. 3) [17.08.800]
Reduction in width of standard parking space from 10 -feet in width to 9 -feet
in width. 4) [17.40.090-A-2] Reduction in off-street required parking from
1.5 spaces per unit to 1.42 spaces per unit since it is anticipated that four
residents will be non -driving or will only own one vehicle and to provide for
additional accessible parking spaces beyond the minimum required number
accessible spaces.
3. Roads and Access. The Developer Tract shall be accessible by access from
8`h Avenue from two new approaches constructed to City of Laurel standard
design. The Developer shall install curb, gutter, sidewalk and roadway along
the northern boundary of the property along W. 3`d Street.
4. Sanitary Sewer. The Developer Tract shall be served by the City wastewater
system. Each building will have an independent connection to sanitary sewer
mains located in W. 3`d Street and 8`h Avenue. The Sanitary Sewer system
design must be reviewed and approved by the City of Laurel and the
Department of Environmental Quality, if applicable.
5. Water. The Developer Tract shall be served by the City water system. The
project is served by central meter room feed from the water main located in
8`h Avenue. Separate piping for domestic water and fire service is being
provided. The project is served by a single water meter as water will be
included in tenant's rent. The Water system design must be reviewed and
approved by the City of Laurel and the Department of Environmental Quality,
if applicable.
6. Storm Drain. The surface storm water and roof drains will surface -drain to
two shallow surface detention ponds; and surface storm water and roof drains
will connect directly to buried storm piping sloping to a buried storm water
detention structure consisting of a lined buried boulder absorption pit with a
controlled overflow outlet to the City storm main located in 81h Avenue. The
Stormwater system design must be reviewed and approved by the City of
Laurel and the Department of Environmental Quality, if applicable.
Rights -of -Way. The Development includes the dedication of R.O.W to the
City of Laurel including 0.176 acres at 3`d Street at the north property line,
0.031 acres at 8`h Avenue at the east property line, and 0.206 acres at the south
property line for a future west extension of W. 2nd Street.
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8. Zonin . The Property is zoned Residential Multi -Family (RMF)
9. Compliance. Except as set forth in Section 2 above, nothing herein shall be
deemed to exempt the Developer Tract from compliance with any current or
future City laws, rules, regulations, or policies that are applicable to the
development, redevelopment, or use of the subject property.
10. Runs with Land. The covenants, agreements, and all statements in this
Agreement and in the incorporated and attached Waiver shall run with the land
and shall be binding on the heirs, personal representatives, successors, and
assigns of the respective parties.
11. Attornev's 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 or to give any notice required herein, then the prevailing party
or the party giving notice shall be entitled to reasonable attorney fees and
costs, including those fees and costs of in-house counsel.
12. Amendments and ModXmcations. Any amendments or modifications of this
Agreement shall be made in writing and executed in the same manner as this
original document and shall after execution become a part of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written.
"DEVELOPER" GL DEVELO LLC
By: Engine Leuwer
Title: Manager
STATE OF MONTANA
:ss
County of Lewis and Clark )
On this L day of , 20]�,-befoIre' 1m'e, a Notary Public in
and for the State of Montana, personally appeared SLI UAR/ , known to
me to be the person who signed the foregoing instrum nt as of
DEVELOPER, and who acknowledged to me that said DEVELOPER executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year hereinabove written.
AMY RUST
NOTARY PUBLIC torthe
stafe otMonlana
Res ding at Helena, Montana
My Commissan Expires
ary Public i nd for the S,t� onlana
ted name: ��jj //
iding at:
commission expires: !Id yl
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STATE OF MONTANA
ss
County of Lewis and Clark )
LAUREL DEPOT LLLP
a Montana limited liability limited partnership
By: Echo Development 2019 LLC,
a Montana limited liability company,
its General Partner
M
Eugene Leuwer, its Manager
On this `-I day of EbMAQ-VI,1 , 201Z.before me, a Notary Public in
and for the State of Montana, personally appeared LIAO C -QA W� , known to
me to be the person who signed the foregoing ins me'ht as of
OWNER, and who acknowledged to me that said OWNER executed the sam .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year hereinabove written.
AMY RUST
NOTARY PUBLIC for the
Stale of Montane
Residing at Helena, Montana
My Commission Expires
orinher 17.2024
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Notary Public in ap41for the S to of Montana
Printed name:
Residing at: a /
My commission expires: r//
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This Agreement is hereby approved and accepted by City of Laurel, this X day of
ULA 20 22
"CITY"
STATE OF MONTANA
:ss
County of Yellowstone
CITY OF LAUREL, MONTANA
ByZ l/V
Mayor
Attest:
i Clerk
On this Z4A day of (—)" lGI 20, , before me, a Notary Public for
th tate of Montana, personally appeared(/ and
known to me to be fg&Mayor and City Clerk,
respectively, the City A Laurel, Montana, whose names are subscribed to the foregoing
instrument in such capacity and acknowledged to me that they executed the same on behalf
of the City of Laurel, Montana.
Approved as to
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