HomeMy WebLinkAbout15- Improvements Agreement - Allison Major Subdivision, Phase IIIA (Open Space and Landscaping Improvements & Street Lighting) J-584
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City of Bozeman
Department of Community Development
P.O.Box 1230 PLATTED
Bozeman,MT 59771
2542164
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Charlotte Mills — Gallatin County, MT IMP
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IMPROVEMENTS AGREEMENT
FOR THE ALLISON SUBDIVISION PH IIIA MAJOR SUBDIVISION
(OPEN SPACE AND LANDSCAPING IMPROVEMENTS & STREET LIGHTING)
THIS AGREEMENT is made and entered into this day of AloverAb4e , 2015,
by and between BON TON, INC., OF BILLINGS, PO Box 906, Bozeman, MT 59771,
hereinafter called the "Subdivider," and the City of Bozeman, a Municipal Corporation of the
State of Montana, hereinafter called the "City."
WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of
approval of a Major Subdivision Final Plat to subdivide a 52.185 acre parcel into, 5 single family
residential lots, 2 Open Space parcels and 1 remaining tract. The property is legally described as
a tract of land being remainder Tract A of Allison Subdivision Phase II located in the SE 1/4 of
Section 24, Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin County,
Montana. The property is generally located at West Graf and Macnab Street.
WHEREAS, it is the intent of the Subdivider to obtain Final Plat approval for Allison
Subdivision PH IIIA prior to the installation of all required subdivision improvements; 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 on the property hereinafter described; and it is the intent of this Agreement, and of
Allison Subdivision PH IIIA—Improvement Agreement Subdivision File No.''P15007
the parties hereto, to satisfy the improvements and guarantee requirements for the conditional
approval of said Final Plat application.
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 property which is designated as R-1 on the City
of Bozeman Zoning Map, and identified as remainder Tract A of Allison Subdivision Phase II
located in the SE 1/4 of Section 24, Township 2 South, Range 5 East, PMM, City of Bozeman,
Gallatin County, Montana. The property is generally located at Graf and Macnab Street.
2. Improvements
This Agreement specifically includes the following improvements:
• Street Lighting—intersection of West Graf and Macnab Street;
• Boulevard trees and seeding adjacent to open spaces areas;
• Open Space Area Seeding improvements.
as provided in the approved Final Plat Subdivision File No. P15007 and the provided estimate.
The Estimated Cost of said improvements for Open Space and Boulevard Landscaping
improvements has been estimated by Madison Engineering, 895 Technology Blvd, Suite 203,
Bozeman, MT 59718, at Nine Thousand, Five Hundred Fifty-eight Dollars and fifty-five cents
($9,558.51). The estimate is attached and made a part of this Agreement, as Exhibit"A".
3. Financial Guarantee, Time for Completion of Improvements
It is the Subdivider's intent with this Agreement to file the Final Plat prior to completion
of all required subdivision improvements. Therefore, this Improvements Agreement shall be
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Allison Subdivision PH IIIA—Improvement Agreement Subdivision File No. P15007
secured by cashier's check for $14,337.77(Cashier's Check No.'bj(p CYJ' bZ�S4 )
acceptable to the City of Bozeman, which is in an amount equal to one and one-half times the
estimated cost of the installation of any required improvements not completed at the time
occupancy of structures is requested. Said method of security shall be valid for a period of not
less than three (3) years. In any event, all required improvements other than sidewalk
installation shall be completed within nine (9) months of the date of this agreement 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 PH 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 public
improvements bond 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
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 for this Agreement. If the Subdivider shall default in or fail to
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Allison Subdivision PH IIIA—'Improvement Agreement Subdivision File No,P15007
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 Subdividers shall permit and secure any
additional permission required to enable them to do so.
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. The 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.
7. Warranty
Improvements Agreement(Landscaping and lighting) Pa` e 4
i
Allison Subdivision PH IIIA—'Improvement Agreement Subdivision File No.P15007
The Subdivider shall warrant against defects in these improvements and that these
improvements are made in a good and workman-like manner for a period of one year from the
date of their written acceptance by the Governing Body. The Subdivider acknowledges that the
required landscaping must be maintained in a healthy, growing condition at all times.
8. Governing Law and Venue
This Agreement shall be construed under and governed by 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.
9. 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, then the prevailing party shall be
entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house
counsel including City Attorney.
10. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid, unless agreed to in
writing 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
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Allison Subdivision PH IIIA—ImprovementAgreement Subdivision File No. P15007
It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in
part, without prior written consent of the City.
13. Successors
Except as provided in paragraph 12, this Agreement shall be binding upon, ensure to the
benefit of, and be enforceable by the patties hereto and their respective heirs, successors and
assigns.
14. Filing
The Subdivider shall have this Agreement recorded in the Office of the Gallatin County
Clerk and Recorder at the same time as the Final Subdivision Plat for the Allison Subdivision PH
IIIA is filed.
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Allison Subdivision PH IIIA—Improvement Agreement Subdivision File No. P15007
SUBDIVIDER
��' '9e
BY: NE RAF IV,MEMBER
BON TON,INC.,OF BILLINGS
STATE OF MONTANA )
:ss
County of Gallatin )
On this z'G day of 1(�c��, l�G� , 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 Bon 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)
(UH
(Printed Name Here)
Chris Budeski Notary Public for the State of Montana
�?• Fs Notary Public ,�pQ
TARlq�� for the state of Montana Residing at /r.C7 /�(CL(1
Residing at: My Commission Expires: Ativu y6 Zor
Bozeman, Montana (Use 4 digits for expiration year)
My Commission Expires:
November 26,2015
Improvements Agreement (Landscaping and lighting) Page 7
Allison Subdivision PH IIIA—Improvement Agreement Subdivision File No. P15007
THE CITY OF BOZEMAN
- j��
Wendy Thomas
Director of Community Development
STATE OF MONTANA )
)ss.
County of GALLATIN ) AY--
aoito
On this day 10rid
of ,24t-5—before me, a Notary Public for the
State of Montana, personally appeared Wendj Thomas, known to me to be the person described
in and who executed the foregoing instrument as Director of Community Development 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 Notarial Seal the
day and year first above written.
(SEAL)
(Printed Name Here)
..,.�, Notary Public for the State of Montana
Njk,, ALICIA KENNEDY Residing at Bozeman
f NOTARY PUBLIC for the
aoT�aiq�, s
SEAL STATE OF MONTAtJA My Commission Expires:
2eJ Residing at Bozeman,Montana
My commission Eores (Use 4 digits for expiration year)
�... .w August 04,2010
improvements Agreement (Landscaping and lighting) Page 8
EXHIBIT A
Allison PH IIIA
Street Lighting and Boulevard Trees and Open Space Seeding
Engineer's Estimate
ITEM Estimated
No. ITEM DESCRIPTION Quantity Unit Unit Price Sub Total
Street Lighting
1 Light Std. 35' Mount 2 EA $2,680.00 $5,360.00
2 Luminaire-LED 2 EA $525.00 $1,050.00
3 Signal Type C- Power Supply 1 LS $1,350.00 $1,350.00
Street Lighting Estimated Construction Cost $7,760.00
Boulevard Trees and Open Space Seeding
1 Earthwork-Fine Grading
a) Open Space Area A 0.32 AC $750.00 $240.31
b) Open Space Area B 0.03 AC $750.00 $25.09
2 Seeding
a) Open Space Area A 13,957 SF $0.08 $1,116.56
b) Open Space Area B 1,457 SF $0.08 $116.56
3 Street Trees 2 EA $150.00 $300.00
Boulevard Trees and Open Space Seeding Estimated Construction Cost $1,798.51
Estimated Construction Cost $9,558.51
150%of Estimated Construction Cost $14,337.77
Approved by City Engineer's Office Al /4- Date:
Alliosn Subdivision-Phase IIIA
Street Lighting and Landscaping
Construction Cost Estimate and Bonding Summary
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