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HomeMy WebLinkAbout16- Improvements Agreement - Rosa Construction - Traditions Subdivision, Phase 3 J-591 Send Original to: City of Bozeman Department of Community Development P.O.Box 1230 Bozeman,MT 59771 PLATTED 2562115 Ch ,8: ' orM111s _1Gallatin county, MT ©/31/2016 09:54:16 qM Fee: $77,00 I IIIIIII IIIIII III IIIII IIII IIIIIII IIIIII IN III,IIIIIIII IIIII IIIIIII III If,IIIII IIII IIII IMP IMPROVEMENTS AGREEMENT FOR TRADITIONS SUBDIVISION, PHASE 3 (WATER, SEWER, STORMWATER, STREET, PARK AND OPEN SPACE IMPROVEMENTS AND LANDSCAPING) This AGREEMENT is made and entered into this '2- 5 r day of 2016, by and between ROSA CONSTRUCTION, INC., 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-14042, for the Final Plat application of Traditions Subdivision, Phase 3 (#P16078), to subdivide 12.53 acres together and create one (1) multi-family household residential lot, one (1)park, and one (1) open space tract and WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for Traditions Subdivision,Phase 3; and WHEREAS, the Final Plat for the Traditions Subdivision, Phase 3, was filed prior to the installation of all required subdivision improvements and an improvements agreement with financial security was provided; and Traditions Subdivision—Phase 3—Infrastructure Improvements Agreement I WHEREAS, a separate improvements agreement with financial security was provided for performance of improvements related to the corresponding Traditions Subdivision, Phase 3 and that improvements agreement had a shorter time limit for performance of work and it is therefore appropriate to limit the subject of this improvements agreement; 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 Traditions Subdivision, Phase 3. 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—TRADITIONS SUBDIVISION, PHASE 2 (INFRASTRURE IMPROVEMENTS) Lot R1 and Lot R2 of Traditions Subdivision, Phase 2, located in the East Half of the Southeast Quarter of Section 4, Township 2 South, Range 5 East, of P.M.M., Gallatin County, Montana. Area = 545,750 square feet, 12.5287 acres or 50,701.8 square meters. Subject to existing easements. 2. Improvements This Agreement specifically includes the following improvements for Traditions Subdivision, Phase 3: infrastructure improvements per attached Appendix A. The Estimated Cost of said improvements for Infrastructure improvements has been estimated by C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718, at One Hundred and Sixty Four Traditions Subdivision—Phase 3—Infrastructure Improvements Agreement 2 Thousand and Nine Hundred and Seventy Four Dollars and Forty Cents ($164,974.40). 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 bond for $247,461.60 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 one (1) year of the filing of the final subdivision plat for Traditions Subdivision, Phase 3: infrastructure 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 Traditions Subdivision,Phase 3. 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 Traditions Subdivision—Phase 3—Infrastructure Improvements Agreement 3 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 Rosa Construction, Inc., John Rosa, 125 Central Avenue Unit IA, Bozeman, MT 59718, 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 Traditions Subdivision—Phase 3—Infrastructure Improvements Agreement 4 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. 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 Traditions Subdivision—Phase 3—Infrastructure Improvements Agreement 5 It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in part, without prior written consent to City. 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. Fi•Iing 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. Traditions Subdivision—Phase 3—Infrastructure Improvements Agreement 6 SUBDIYI ER(S) ROS CO STRUCT,N, INC, a Montana Corp. BY: JO ROSA, PRESIDENT STATE OF MONTANA ) :ss County of Gallatin ) Q This instrument was signed or acknowledged before me this ',' day of , 2016,by John Rosa as president of Rosa Construction, Inc., a Montana corporation. (SEAL) /^ otary Public for the State of Montana SUSAN HJALMARSSON Printed Name: Residing at ��• 9s'% Notary Public j:'0OTAR/q4 Np'_for the State of Montana My Commission Ex res: *' SEAL. BozemaResidi Montana (Use 4 digits for expiration year) -s3 z My Commission Expires: July 16,2019 Traditions Subdivision—Phase 3—Infrastructure Improvements Agreement 7 THE CITY OF BOZEMAN or BY: WENDCIS QI� CS COMMUNITY DEVELOPMENT DIRECTOR CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin ) ohms 6W&S On the day of_D&b(r , 2016, efore me, a Notary Public for the State of Montana, personally, hared own to me to be the person who executed the foregoing instrumel munity 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 of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. I (SEAL) M,.; KATHERINE MAINES ary Public for the State of Montana Notary Public for the State of Montana Prin ame: Residing at: Residing at vy.SEAL �,' Beigrade, Montana P?` My Commission Expires: My Commission Ex ' • July 22,2020 (Use 4 digits for expiration y Traditions Subdivision—Phase 3—Infrastructure Improvements Agreement 8 EXHIBIT "A" ESTIMATED COST FOR IMPROVEMENTS --------------------------------------------------------------------------------------------------------------------- Date: Project: Traditions Subdivision,Phase 3 - Major Subdivision Developer: Rosa Construction, Inc.—John Rosa, president --------------------------------------------------------------------------------------------------------------------- Improvement Sq. Ft./Ln. Ft Estimated Oak Street and Landscaping(see attached breakdown) $ 164,974.40 Sub Total $ 164,974.40 150% $ 247,461.60 Approved by City Engineer's Office Date Traditions Subdivision—Phase 3—Infrastructure Improvements Agreement 9 TRADITIONS PHASE 3 06/16/16 PUBLIC IMPROVEMENTS COST ESTIMATE ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT ON-SITE STREET IMPROVEMENTS 1-1 1 1/7.'MINUS CRUSHED BASE COURSE(6"THICK IN PLACE) 417 CY $36.00 15,012.00 1-2 HOT PLANT MIX ASPHALT CONCRETE(3"THICK IN PLACE) 464 TONS $86.00 39,904.00 1-3 CURB&GUTTER 1,324 LF $15.50 20,522.00 1-4 CONSTRUCT SIDEWALK(6'WIDE AND 6"THICK) 3,804 SF $7.75 29,481.00 1-5 DRIVEWAY APPROACH 200 SF $6.00 1,200.00 1-6 PED RAMP 140 SF $6.00 840.00 1-7 DETECTABLE WARNING 3 EA $300.00 900.00 1-8 INSTALL 38'GREEN STREET LIGHT 2 EA $12,000.00 24,000.00 TOTAL 131,859.00 MISCELLANEOUS 2-1 EROSION CONTROL MEASURES 1 LS $1,000.00 1,000.00 2-2 LANDSCAPING 1 LS $32,115.40 32,115.40 TOTAL 33,115.40 PUBLIC IMPROVEMENTS TOTAL: 164,974.40 BOND TOTAL: 247,461.60 -- Bear Paw Landscapes, Inc. Estimate DATE ESTIMATE# 150 Red Fox Ln. Bozeman, MT 59718 8/6/2015 1117 (406) 570-7898 NAME/ADDRESS Traditions Subdivision DESCRIPTION QTY COST TOTAL Plant Material as speced on plan. 1 13,215.00 13,215.00 Prep Soil For Fescue Sod. Finish grade,rock rake,and hand rake.(ft2) 20,000 0.15 3,000.00 Fescue Sod-installed.(112) 20,000 0.32 6,400.00 Prep soil for native seed.(112) 77,130 0.04 3,085.20 Native seed if needed. 77,130 0.04 3,085.20 Claas 5 path 740 4.50 3,330.00 Signature TOTAL $32,115.40