HomeMy WebLinkAbout17- Improvements Agreement - J&D Family Limited Partnership - Phase 2 of the J&D Family Subdivision (Landscape & Storm Water Improvements) j-610
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City of Bozeman
Department of Community Development
P.O.Box 1230 PLATTED
Bozeman,AIT 59771
2591070
Page: 1 of 9 08/29/2017 03:58:46 PM Fee. $63.00
Charlotte Mills - Gallatin County, MT IMP
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IMPROVEMENTS AGREEMENT
FOR
PHASE 2 OF THE J&D FAMILY SUBDIVISION
(LANDSCAPE & STORM WATER IMPROVEMENTS)
This AGREEMENT is made and entered into this day of
2017, by and between J&D FAMILY LIMITED PARTNERSHIP,
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. 17071, for the Final Plat application of
PHASE 2 OF THE J&D FAMILYSUBDIVISION(1P L � � '- , to subdivide 19.52 acres to
create 1 commercial lot, 1 remainder lot, and the remaining area as streets, and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for Phase 2 of the J&D Family Subdivision; and
WHEREAS, the Final Plat for the Phase 2 of the J&D Family Subdivision, was filed
prior to the installation of all required subdivision improvements and an improvements
agreement with financial security was provided; and
Phase 2 of the J&D Family Subdivision—Infrastructure Improvements Agreement—A
Page 1 of 8
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 Phase 2 of the J&D Family Subdivision.
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 for Improvements Agreement
TRACT OF LAND BEING LOT R-1, OF THE J&D FAMILY MAJOR SUBDIVISION, PLAT
J-502, LOCATED IN THE NE1/4 OF THE SEI/4 OF SECTION 9, T2S, RSE, P.M.M., CITY
OF BOZEMAN, GALLATIN COUNTY, MONTANA.
Metes and Bounds Description
Commencing at the east 1/4 corner of Section 9, Thence S54°05'36""W a distance of 75.88 feet
to the Point of Beginning.
Thence S89°39'23" E a distance of 18.99% Thence S 01°50'19" W a distance of 438.15 feet;
Thence N 89°39'23" W a distance of 891.89 feet; Thence S 08°15'55" W a distance of 385.54
feet; Thence S 07°00'20" E a distance of 174.58 feet; Thence S 0091,58" W a distance of 90.89';
Thence S 27°26'08" W a distance of 160.79 feet; Thence S 00°25'50" W a distance of 60.00 feet;
Thence N 89°34'10" W a distance of 311.24 feet; Thence N 02°08'35" E a distance of 1332.23
feet; Thence S 89°39'23" E a distance of 432.89 feet'; Thence S 00°44'25" E a distance of 45.00
feet; Thence S 34°36'48" E a distance of 89.27'; Thence S 04°37'53" E a distance of 63.88 feet;
Thence S 89°39'23" E a distance of 238.06 feet; Thence N 01°50'19" E a distance of 136.85 feet;
Thence S 89°39'23" E a distance of 527.26 feet to the True Point of Beginning,
Phase 2 of the J&D Family Subdivision—Infrastructure Improvements Agreement—A
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Said Tract contains 19.52 acres, more or less, and is subject to all easements of record or
apparent on the ground.
2. Improvements
This Agreement specifically includes the following improvements for Phase 2 of the J&D
Family Subdivision: Public landscaping and storm water improvements. The Estimated Cost of
said improvements has been estimated by Genesis Engineering, Inc. at, Eighty-One Thousand,
Sixty-Nine Dollars and Sixty Cents. ($81,069.60). 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 a letter
of credit for$121,604.40 from First Security Bank, 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 subdivision related improvements shall be
installed and completed not later than nine (9) months of the filing of the final subdivision
plat for Phase 2 of the J&D Family Subdivision 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 Phase 2 of the J&D Family
Subdivision.
Phase 2 of the J&D Family Subdivision—Infrastructure Improvements Agreement—A
Page 3 of 8
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: J&D
Family Limited Partnership; at 270 Automotive Ave, 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.
Phase 2 of the J&D Family Subdivision—Infrastructure Improvements Agreement—A
Page 4 of 8
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.
Phase 2 of the J&D Family Subdivision—Infrastructure Improvements Agreement—A
Page 5 of 8
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.
Phase 2 of the J&D Family Subdivision—Infrastructure Improvements Agreement—A
Page 6 of 8
SUBDIVIDERS
C,1
BY: JOE BILLION
GENERAL PARTNER OF J&D FAMILY L.P.
STATE OF to I )
:ss
County of6 I-&' v✓ )
On this jo day of -p— , 2017, before me a Notary Public of the State of
MT , personally appeared—Tb•e 3, j\, , known to me to be the person that
executed the foregoing Improvements Agreement, and acknowledged to me that he executed the
foregoing instrument as General Partner of J&D Family Limited Partnership and acknowledged
to me that he executed the same for and on behalf of J&D Family Limited Partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
R JB , LORI A JONES
6 W(SEAL)Notary Public
oThriJA : {®F th® Mete of Montana j y A • �U-Y L S
Residing at:
•SI:r11s,; l3elgrade, Montana (Printed Name Here)
9 My Commission Expires: Notary Public for the State of ►--t-T
April 03,2021
Residing at
My Commission Expires: 20 A I
(Use 4 digits for expiration year)
Phase 2 of the J&D Fancily Subdivision—Infrastructure Improvements Agreement—A
Page 7 of 8
THE CITY OF BOZEMAN
BY ARTIN M SEN,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On the &V* day of 01AA US , 2017, before me, a Notary Public for the
State of Montana, personally appeared artin Matsen, 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)
S�,�YI,Ov� L �`C;DS�P.K Inn
SHANNON L KLOOSTERHOF (Printed Name Here
Notary Public Notary Public for the State of Montana
<y`,•�QTe1{�/q� for the State of Montana Residing at 13p�eJVYlc�n �.T
Residing at:
SEAL.;= Bozeman, Montana My Commission Expires:
9rF .M �` My commission Expires: (Use 4 digits for expiration year)
,,.,,, March 17,2021
Please 2 of the J&D Fandly Subdivision—Infrastructure Improvements Agreement—A
Page 8 of 8
EXHIBIT"A"
PROBABLE COST OF REMAINING IMPROVEMENTS
NESTS PHASE 2 OF THE J&D FAMILY MAJOR SUBDIVISION
NGINEERING,(NC
....,, 9 Month
Date: 06/29/17
a) BLVD.LANDSCAPE IMPROVEMENTS
Item Description Quantity Unit Unit Price %Remaining Total
1 BLVD TREES&SOD 1.00 LS $16,350.00 100.00% $16,350.00
2 IRRIGATION SYSTEM 1.00 LS $9,600.00 100.00% $9,600.00
SUBTOTAL $25,950.00
b) STORM IMPROVEMENTS
Item Description Quantity Unit Unit Price %Remaining Total
1 18"A-2000 STORM PIPE 518.30 LF $48.00 100.00% $24,878.40
2 24"A-2000 STORM PIPE 128.90 LF $58.00 100.00% $7,476.20
3 48"Storm Manhole 2.00 EA $3,000.00 100.00% $6,000.00
4 36"Storm Inlet 1.00 EA $2,250.00 100.00% $2,250.00
5 60"Storm Manhole 2.00 EA $3,500.00 100,00% $7,000.00
6 Remove&Replace 4"Sidewalk 130.00 SF $9.50 100.00% $1,235.00
7 Remove&Replace Curb&Gutter 20.00 LF $25.00 100.00% $500.00
8 Remove&Replace Road Section 290.00 SF $7.00 100.00% $2,030.00
9 Outlet Structure Modifications 1.00 LS $300.00 100.00% $300.00
10 Outlet Protection 1.00 LS $150.00 100.00% $150.00
11 Re-grade existing pond 75.00 CYDS 4.00 100.00% $300.00
12 Re-grade Regional Pond 500.00 CYDS 6.00 100.00% $3,000.00
SUBTOTAL $55,119.60
ESTIMATED TOTAL $81,069.60
150%OF ESTIMATED TOTAL $ 121,604.40
AMOUNT FINANCIALLY GUARANTEED $ 121,6qL.40JI
Approved by City Engineer's Office: H Date:
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