HomeMy WebLinkAbout17- Improvements Agreement - Flanders Mill Subdivision Phase 3 (Flanders Mill Road) Rt: Security Title Company J-604
600 South 19th Ave,
Bozeman, MT 59718
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City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,MT 59771
PLATTED
2580845
Page: 1 of 9 05/25/2017 11:31:08 AM Fee $63.00
Charlotte Mills - Gallatin County, MT IMP
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IMPROVEMENTS AGREEMENT
FOR
FLANDERS MILL SUBDIVISION—PHASE 3
(FLANDERS MILL ROAD)
THIS AGREEMENT is made and entered into this I�"ay of 2017, by
and between FLANDERS MILL, LLC, 235 GREENHILLS RANCH ROAD, B ZEMAN MT
59718, 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. P14024, for the Final Plat application of
FLANDERS MILL SUBDIVISION — PHASE 3 (17193), to subdivide 106.4466 acres and
create Thirty-One (31) residential lots, four (4) common open space lots, one (1) unimproved lot
for future development, and the remaining areas as public streets; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for FLANDERS MILL SUBDIVISION—PHASE 3; and
WHEREAS, the Final Plat for FLANDERS MILL SUBDIVISION—PHASE 3, is to be
filed prior to the installation of all required subdivision improvements 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
FLANDERS MILL SUBDIVISION-PHASE 3-Flanders Mill Rd Improvements Agreement Page 1 of 7
Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the
Final Plat approval of FLANDERS MILL 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 that are designated and
identified as being:
LEGAL DESCRIPTION
LOT 1R-2, FLANDERS MILL SUBDIVISION- PHASE 2, LOCATED IN THE E %2 W
'/2 , SECTION 3, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
2. Improvements
This Agreement specifically includes the following improvements for FLANDERS
MILL SUBDIVISION—PHASE 3: Flanders Mill Road.
The Estimated Cost of said improvements was estimated by C&H Engineering and
Surveying, 1091 Stoneridge Drive, Bozeman MT 59718, with the estimated cost of
improvements being in total Two Hundred Thirty-Seven Thousand Seven Hundred Twelve
Dollars and Twelve Cents (237,712.12). The estimate is attached and hereby 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 an
irrevocable standby letter of credit: Letter of Credit No. ATONOW in the amount of
$356,568.19 from ,s &3/ 4 LT 1CvVTi�/ " acceptable to the City of Bozeman,
which is one hundred and fifty (150) percent of the Estimated Cost of said improvements
attributable to Flanders Mill Subdivision—Phase 3.
FLANDERS MILL SUBDIVISION—PHASE 3—Flanders Mill Rd Improvements Agreement Page 2 of 7
The Subdivider hereby agrees that the following subdivision related improvements
shall be installed and completed not later than twelve (12) months of the filing of the final
subdivision plat for FLANDERS MILL SUBDIVISION—PHASE 3 in order to avoid default
on the method of security: Flanders Mill Road.
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 FLANDERS MILL 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 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 FLANDERS
MILL, LLC, 235 GREENHILLS RANCH ROAD, 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
FLANDERSMILL SUBDIVISION—PHASE 3—Flanders Mill Rd Improvements Agreement Page 3 of 7
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.
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.
FLANDERS MILL SUBDIVISION—PHASE 3—Flanders Mill Rd Improvements Agreement Page 4 of 7
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.
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. Filing
The Subdivider shall have this Agreement recorded in the Office of the Gallatin County
Clerk and Recorder within 10 business days of the signature of the Community Development
Director.
FLANDERS MILL SUBDIVISION—PHASE 3—Flanders Mill Rd Improvements Agreement Page 5 of 7
SUBDIVIDER
L>);�
BY:
FLANDERS MILL, LLC
TITLE:
STATE OF
:ss
County of
On this Aday of 2017, before me, a Notary Public of the State of
hoyl—MA--'personally appeared W4C-R-t t, )Ul known to me to be the subdivider that
executed the foregoing Improvements Agreement, and acknowledged to me that (s)he executed
the foregoing instrument as �-/y -71(U�{ { f Flanders Mill, LLC, and
acknowledged to me that(s)he executed the same for and on behalf of Flanders Mill, LLC
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year first above written.
(SEAL) Wt*0q uusbp')
WENDY WILSON
Notary Public (Printed Name Here) ^ i
NoTaR/q,. :for the State of Montana Notary Public for the State of
Residing at: Residin at l-
:v3;.SEA1,..Q- Belgrade, Montana g
My Commission Expires: My Commission Expires: U
sep!ember 20,2019 (Use 4 digits for expiration year
FLANDERS MILL SUBDIVISION—PHASE 3—Flanders Mill Rd Improvements Agreement Page 6 of 7
THE CITY OF BOZEMAN
............ 4��*L
BY: MARTIN MATSEN,
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On this a NTM day of M 2017, before me, a Notary Public for the State
of Montana, personally appeared MartiTrMatsen, known to me to be the person described in and
who executed the foregoing instrument as Director of Community Development for the City of
Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he
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)
'Nonno n L. ►onVQA U4
(Printed Name Here)
Notary Public for the State of Montana
Residing at
F
SHANNON L KLOOSTERHOF i; Notary Public My Commission Expires:ot^R/q '• for•the State of Montana
Residing at: (Use 4 digits for expiration year)
�•,�: Bozeman, Montana
pF'Mpti�P` My commission Expires:
March 17,2021
FLANDERS MILL SUBDIVISION—PHASE 3—Flanders Mill Rd Improvements Agreement Page 7 of 7
W. SfocLiian
1433 North 19th Avenue• PO Box 11448 • Bozeman,MT 59719
406.556.4130 Fax 406.556.4141
CIPJ�r
IRREVOCABLE STANDBY LETTER OF CREDIT
Date: 05/15/2017 Letter of Credit No. 1890001090
Beneficiary:
City of Bozeman
Department of Community Development
P.O. Box 1230
Bozeman, MT 59771
[To whom the LOC is Issued]
Ladies and Gentlemen:
Stockman Bank of Montana("Issuing Bank") hereby issues this irrevocable standby letter of
credit(the "LOC") in your favor, for Flanders Mill Road, and authorizes you to draw on:
Stockman Bank of Montana
1433 North 191h Ave
P.O. Box 11448
Bozeman, MT 59719
For the account of:
Flanders Mill LLC
235 Greenhills Ranch Road
Bozeman, MT 59718
[Name and address of customer requesting LOC]
Up to an aggregate amount of not to exceed Three Hundred Fifty-Six Thousand Five Hundred
Sixty-Eight and 19/100 US Dollars
($356,568.19) (the "Stated Amount").
This LOC shall be effective on May 15, 2017 and expire at midnight, 12:00 PM (Mountain
Time) on May15, 2018) (the "Expiration Date"). The expiration date of this standby shall be
automatically extended for successive one-year periods, unless 30 or more calendar days before
the then current expiration date, issuer gives written notice to beneficiary that issuer elects not to
extend the expiration date. Issuer's written notice must be sent to beneficiary's above-stated
LENDER
Form Date 6-4-07 Page 1 Member FDIC
address to the attention of Chris Saunders or, alternatively,to the beneficiary's attention party 30
or more calendar days before the then current expiration date. The expiration date is not subject
to automatic extension beyond May 15, 2020, and any pending automatic one-year extension
shall be ineffective beyond that date.
Original drafts on this LOC shall be manually signed by a duly authorized agent of the
Beneficiary,presented to the Issuing Bank at its office stated above, in a single mailing,by
courier or personal delivery, or by facsimile, and to the Attention of the Loan Department and
shall state the following:
"This draft, in the amount of$ (the"Draw Amount"), is drawn upon Letter
of Credit No. issued by Stockman Bank of Montana. The
undersigned, on behalf of the Beneficiary, certifies that(1) the undersigned is duly
authorized to execute and deliver this draft, and(2)the Draw Amount is due and owing
to the Beneficiary."
All drafts drawn under and in compliance with the terms of this LOC will be duly honored on
receipt of the specified documents by the Issuing Bank if actually received on a Business Day
and before the Expiration Date. Partial drawings are permitted provided the aggregate of all
draws does not exceed the Stated Amount. "Business Day"means any calendar day other than a
Saturday, Sunday or legal holiday and on which the Issuing Bank is open for business at the
office.
This LOC sets forth in full the Issuing Bank's undertakings and the undertaking shall not be in
any way modified, amended or limited by reference to any other document, instrument or
agreement, excepting only the sight drafts and required drawing statement identified above.
This LOC is subject to and governed by the laws of the State of Montana and the Uniform
Customs and Practices for Documentary Credits (2007 Revision), International Chamber of
Commerce Publication No. 600 (the"UCP"), and, in the event of any conflict,the laws of the
State of Montana will control.
Communications with respect to this LOC shall be in writing and shall be addressed to the
Issuing Bank at the address set forth above. All communications must make reference to the
LOC number.
This LOC is non-assignable and non-transferable.
STOCKMAN BANK OF MONTANA
By:
Paul abut,SV Gallatin Valley Market
Form Date 6-4-07 Page 2