HomeMy WebLinkAbout15- Improvements Agreement - Allison Major Subdivision, Phase IIIA (Sidewalk Improvements) J-584
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City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,A/ f 59771
PLATTED IJ
2542163
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Charlotte Mills - Gallatin County, MT IMP
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IMPROVEMENTS AGREEMENT
FOR
ALLISON MAJOR SUBDIVISION, PHASE IIIA
(SIDEWALK IMPROVEMENTS)
This AGREEMENT is made and entered into this d6 day of
&Vem4 e,r , 2015, by and between BON TON, INC., OF BILLINGS, 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-14053, for the Final Plat application of
Allison Major Subdivision, Phase IIIA (PI5007) , to subdivide 52.185± acres together and
create (5) single-household residential lots, two (2) Open Space parcels, one (1) remaining tract
and the remaining area as public streets; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for Allison Subdivision,Phase IIIA; and
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Allison Major Subdivision,Phase IIIA
Lot Sidewalks Improvements Agreement
WHEREAS, the Final Plat for the Allison Subdivision, Please IIIA, was filed prior to the
installation of all required subdivision improvements for Phase IIIA and an improvements
agreement with financial security was provided; and
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 Allison Subdivision, Phase IIIA.
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:
LEGAL DESCRIPTION—ALLISON SUBDIVISION, PHASE IIIA
(SIDEWALK IMPROVEMENTS ON LOT FRONTAGE)
The property is legally described as remainder Tract A of Allison Subdivision Phase II located in
the Southeast One-Quarter(SE I/4) of Section 24, Township Two South (T2S), Range Five East
(R5E), P.M.M., Gallatin County, Montana.
SUBJECT to all easements of record or apparent from a visual inspection of the property.
2. Improvements
This Agreement specifically includes the following improvements for Phase IIIA: Lot Sidewalk
Improvements. The Estimated Cost of said improvements for Lot Sidewalk Improvements has
been estimated by Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman, MT
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Allison Major Subdivision,Phase IIIA
Lot Sidewalks Improvements Agreement
59718, at Nineteen Thousand, Six Hundred and Ninety Dollars and eighty tivo cents
($19,691.82). The estimate 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
cashier's check for $29,537.72 (Cashier's Check Not%(P M'Ca55 ) acceptable to the City
of Bozeman, which is one hundred and fifty (150) percent of the Estimated Cost of said
improvements.
The Subdivider hereby agrees that the following subdivision related improvements
shall be installed and completed not later than three (3) years of the filing of the final
subdivision plat for Allison Southbridge Major Subdivision, Phase IIIA: lot sidewalk
improvements 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 Allison Subdivision Phase IIIA.
Upon submission of fully documented invoices for the work performed, said work to be
inspected and certified for payment by Subdivider's professional engineers and the City of
Bozeman and or its agents as necessary, the City of Bozeman may release a portion of the letter
of credit for the work completed by the referenced invoices.
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
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Allison Major Subdivision,Phase IIIA
Lot Sidewalks Improvements Agreement
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 Bon
Ton Inc of Billings, PO Box 906, Bozeman, MT 59771, 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
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.
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Allison Major Subdivision,Phase IIIA
Lot Sidewalks Improvements Agreement
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.
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.
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Allison Major Subdivision,Phase IIIA
Lot Sidewalks Improvements Agreement
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. Fiiine
The Subdivider shall have this Agreement recorded in the Office of the Gallatin County
Clerk and Recorder at the within 10 business days of the signature of the Community
Development Director.
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Allison Major Subdivision,Phase IIIA
Lot Sidewalks Improvements Agreement
SUBDIVIDER
BY: FJ:0KE4KeRAF IV, MEMBER
BON TON, INC., OF BILLINGS
STATE OF MONTANA )
:SS
County of Gallatin )
On this day of 2015, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Eugene Graf IV, known to me to be
a Member of Bob Ton Inc of Billings the entity that executed the within instrument, 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) e'c
Chris Budeskl �i�'r'►u 5 1 �.(AE 5 l�
Notary Public (Printed Name Here)
OTAR/g4 for the State of Montana Residing at: Notary Public for the State of Montana
—— =
u�.SEAL.-Q Bozeman, Montana Residing at 1602'siYO-0- /e'(�'
%? `,•• •\�^O�P,, My Commission Expires:
'�oF � November�s, 2oi 5 My Commission Expires: s( /:..lr_ '. (Use 4 digits for expiration year)
7
Allison Major Subdivision,Phase IIIA
Lot Sidewalks Improvements Agreement
THE CITY OF BOZEMAN
BY: WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
TAA �
On the _ day of , 201 before me, a Notary Public for the
State of Montana, personally appeared Wen4 Thomas, known to me to be the person described
in and who executed the foregoing instrument as Community Development Director of 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 my seal on the day and
year first written above.
SEAL
i
ALICIA KENNEDY (Printed Name ere) a`k C� Cl
NOTARY PUBLIC for the Notary Public for State of ontana
g�L STATE OF MONTANA
�', • ;Q Residing at Bozeman,Montana Residing at
� •. .�'�= MY commission M Commission Expires:
August AA 20!49: Y p 8-Y-7-01
(Use 4 digits for expiration year)
8
Allison Major Subdivision,Phase IIIA
Lot Sidewalks Improvements Agreement
EXHIBIT A
Allison PH IIIA
Lot Sidewalks
Engineer's Estimate
ITEM Estimated Estimated
No. Improvements Quantity Unit Unit Price Sub Total
Sidewalks
1 Block 1
a) Lot 1 554 SF $7.15 $3,961.10
b) Lot 2 464 SF $7.15 $3,317.60
2 Block 3
a) Lot 1 1048 SF $7.15 $7,496.06
b) Lot 2 453 SF $7.15 $3,238.24
c) Lot 235 SF $7.15 $1,678.82
Subtotal $19,691.82
Lot Sidewalk Estimated Construction Cost $19,691.82
150%of Estimated Construction Cost $29,537.72
Approved by City Engineer's Office Date:
Alliosn Subdivision-Phase IIIA
Lot Sidewalk
Construction Cost Estimate and Bonding Summary