HomeMy WebLinkAboutResolution No. R24-35A RESOLUTION APPROVING AN AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BY AND BETWEEN GL DEVELOPMENT, LLC, LAUREL DEPOT
LLLP, AND THE CITY OF LAURE L.
WHEREAS, GL Development, LLC, a Montana limited liability company, 1625 E. 6th
Ave. Helena, MT 59601, hereinafter referred to as "Developer," Laurel Depot LLLP, a
Montana limited liability limited partnership, 1625 E. 6th Ave. Helena, MT 59601, hereinafter
referred to as "Owner", and the City of Laurel, Montana, a municipal corporation, c/o City
Hall, 115 West 1 st Street, Laurel, Montana, 59044, hereinafter referred to as the "City", wish
to amend and restate a Development Agreement by and between the Developer, Owner, and
the City;
WHEREAS, Developer is the owner of certain real property in the form of a 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 IA of Amended Certificate of Survey No. 3785. Located in the SE t/a of
the SE '/n of Section 8, Township 02 South, Range 23 East, P.M.M.
WHEREAS, the City approved a Petition for Annexation by Resolution No. R17-14 for
the Developer Tract, and approval of an amended Certificate of Survey and the issuance of
building permits was contingent upon the execution of a Development Agreement executed by
and between City, Owner, and Developer, to identify required off-site infrastructure
improvements and guarantees of those improvements, which Development Agreement was, in
fact, executed between the parties;
WHEREAS, the City, Owner, and Developer wish to amend and restate the
Development Agreement pertaining to the Laurel Depot, between the City, Owner, and
Developer, dated January 25, 2022, and recorded with the Clerk and Recorder of Yellowstone
County, Montana, on March 3, 2022, as Document No. 4009776 (the "Prior Agreement");
WHEREAS, the Amended and Restated Development Agreement will modify the terms
and conditions of Variances consented to by the City; and
WHEREAS, the Amended and Restated Development Agreement will be a
modification, amendment, and complete restatement of the Prior Agreement, and will
supersede and replace the Prior Agreement in its entirety.
R24-35 Approve Amended and Restated Development Agreement Re Laurel Depot Property
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana:
Section 1: Approval. The Amended and Restated Development Agreement, a copy
attached hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Amended
and Restated Development Agreement on behalf of the City.
Introduced at a regular meeting of the City Council on the 14t" day of May 2024 by
Council Member Wheeler.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
14"' day of May 2024.
APPROVED by the Mayor on the 14"' day of May 2024.
ATTEST:
4 1 St
r, Clerk -Treasurer
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
CITY OF LAUREL
Dave Waggoner, M
R24-35 Approve Amended and Restated Development Agreement Re Laurel Depot Property
CITY HALL
115 W. 1ST ST.
MAYOR OFC.: 628-8456
PUB. WORKS: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
May 2, 2021
Ing
Ai p111 11711,
P.O. Pox 10
Laurel, Montana 59044
Memorandum for Laurel Depot Development
Office of the Planning Director
The building department was notified a few weeks ago that two of the four buildings that were
constructed were not situated in accordance with the development agreement. It is my
understanding that the error could have happened due to the land dedication for street right of
ways resulting in new property boundaries. The new boundaries were not considered when the
developer's surveyors staked out the location for the buildings. I have investigated the locations
of the buildings and do not believe they should be removed due to this error.
It is my intent to develop procedures for the verification of property boundaries prior to
placement of any foundations going forward. It has been past practice that the first inspection of
any buildings is when they are ready to pour concrete for the foundations. I am proposing a new
inspection service that would require property owners to verify their property boundaries and the
necessary building setbacks prior to any work proceeding as per their site plans that they are
required to submit. This new process will require the hiring of a surveyor if property pins cannot
be located. I will be purchasing metal detectors for the building department that can be helpful
in locating surveyed property pins. If no pins can be found, we will require the property owners
to have the property pins determined by a registered land surveyor.
Kurt Markegardr'
Planning Director, Building Official
Return to:
Laurel Depot LLLP
c/ GL Development, LLC
1625 E. 6' Ave
Helena, MT 59601
TRIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT is
made this 1 day of t �-, 20 , by and between GL Development, LLC, a
Montana limited liability company, 625 E. 6th Ave. Helena, MT 59601, hereinafter referred
to as "DEVELOPER," Laurel Depot LLLP, a Montana limited liability limited partnership,
1625 E. 6th Ave. Helena, MT 59601, "OWNER", and the CITY OF LAUREL, MONTANA,
a municipal corporation, c/o City Hall, 115 West 1St 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 1/4 of the SE
1/4 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.
WHEREAS, the CITY, OWNER, and DEVELOPER wish to amend and restate
Development Agreement pertaining to the Laurel Depot Apartment complex, between the
CITY, OWNER, and DEVELOPER dated January 25, 2022, and recorded with the Clerk
and Recorder of Yellowstone County, Montana, on March 3, 2022, as Document No.
4009776 (the "Prior Agreement"). This Amended and Restated Development Agreement is
a modification, amendment, and complete restatement of the Prior Agreement, and
supersedes and replaces the Prior Agreement in its entirety.
DA -1
NOW THEREFOR -E, 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.
2. Variances. The following proposed code variances are hereby consented to
and approved by the City: 1) [17.16.020] At future extension of W. 2nd Street
along the south property line, reduction of Side -Adjacent -to -Street setback
for residential district RMF from 20 -feet to 11 -feet; and at W. 3rd Street,
along the north property line, reduction of Side -Adjacent -to -Street for
residential district RMF from 20 -feet to 14 -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 Yd
Street, 8th Avenue and W. 2nd 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
8th 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. 3rdStreet.
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. Yd Street and 8th 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
8th 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.
DA -2
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.
7. Rights -of -Waw The Development includes the dedication of R.®.W to the
City of Laurel including 0.176 acres at 31d Street at the north property line,
0.031 acres at 8th Avenue at the east property line, and 0.206 acres at the south
property line for a future west extension of W. 2nd Street.
Zoning. 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. Attorney'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 Modifications. 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.
WiNalmo
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
By:
Eugene Leuwer, its Manager
On this.day of 'rlaw , 20 &I -f, before me, a Notary Public in
and for the State of Montana, personally appeared Eugene Leuwer, known to me to be the
person who signed the foregoing instrument as the Manager of Echo Development 2019
LLC, the General Partner of OWNER, and who acknowledged to me that said OWNER
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year hereinabove written.
N COLLIN DAY
NOTARY PUBLIC for the
State of, Montana Notary Public in n or the State of Montana
SEAL ReWing.st East Helena, Montana Printed name: n\k,'fi ( j
My Commission Expires
CF
August 22, 2027 Residing at:
My commission expires: Aj- a,
Ili
IN WITNESS WHEREOF, the patties have executed this Agreement as of the
day and year first above written.
"DEVELOPER" GL DEVELOP NT LC
By:
Eugene Leuwer
Title: Manager
STATE OF MONTANA
:ss
County of Lewis and Clark )
On this 5l 'I ay of A.4 , 20 4, before me, a Notary Public in
and for the State of Montana, personally appeared Eugene Leuwer known to me to be the
person who signed the foregoing instrument as the Manager 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.
N COLLIN DAY
Uj -44
NOTARY PUBLIC for the
Stat of Morbna
Notary Public in ad( or the State of Montana
SEAL Residing at East Helena, Montana
Printed name: M)kv C)
My Commission Expires
August 22, 2027
I
Residing at:
My commission expires:
DA -4
This Agreement is hereby approved and accepted by City of Laurel, this day of
202_q
"CITY"
STATE OF MONTANA
W
County of Yellowstone
�36 Z �M 0
Ci67V
,/00-k
On this day of
20� before me, a Notary Public for
the Stateo Montana, personally appLred �avlct Uo"Is- , and
kc �Ker— , known to me to be the Mayor and City Clerk,
respectively, of the City of 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.
AMBER HATTON
OT NOTARY PUBLIC forth ry Public Mi and for the State of Montana
ISEA State of Montana -tv L
Residing at Billings, Montana Printed name: zr-
01Z My Commission Expires Residing at:.
May 31, 2026
My commission expires:,
Approved as to Form:
City Attorney
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