HomeMy WebLinkAbout18- Addendum 1 to the Water and Sanitary Sewer Main Trench Subsidence Liability Agreement - 2B Holdings, LLC - Cottonwood Corner Apartments When recorded return to:
Bozeman City Cleric
PO Box 1230
Bozeman,MT 59771-1230 EoPLATTKfl
22B 11947
Page: 1 of 5 04/25/2018 01:46:08 PM Fee: $35.Q0
Charlotte Mills - Gallatin County, MT MISC
11111111111111111 IN 111111111111111111111111111111111111111111111111 IN
ADDENDUM NO 1 TO THE WATER AND SANITARY SEWER MAIN TRENCH
SUBSIDENCE LIABILITY AGREEMENT FOR COTTONWOOD CORNER
APARTMENTS
This Addendum is made this day of Aclrr� , 20 1% , by and between
2B HOLDINGS LLC, a Montana limited liability company, with a mailing address of P.O. Box
10968, Bozeman, Montana 59719, hereinafter called the "Owner" and the City of Bozeman,
hereinafter called the "City" a self-governing Municipal Corporation operating pursuant to its
Charter and the laws of the State of Montana,with offices at 121 North Rouse Avenue, P.O. Box
1230,Bozeman, Montana 59771-1230.
THE PARTIES AGREE AS FOLLOWS:
1. Section five (5) of the Water and Sanitary Sewer Main Trench Subsidence Liability
Agreement for Cottonwood Corner Apartments (the"Underlying Agreement") shall be
amended as shown below by strikeout and underlines:
"Within ten(10)business days of execution of this Agreement,the Owner must provide the
City a financial guarantee in a form acceptable to the City for 150%of the estimated cost of
replacing the backfill along the entire length of the public water and sanitary sewer mains
constructed by the Owner including but not limited to: cutting the asphalt, excavating the
trench backfill to the public water/sanitary sewer mains,reconstructing the sewer and water
mains,replacing the backfill over the mains in lifts, compacting the lifts, testing compaction
of the lifts,pressure testing the water mains, disinfection testing of the water mains, TV
inspection of the sanitary sewer mains, and patching the pavement cuts. The City will hold
the financial guarantee for a period of at least two (2)years. If at the end of the two (2) Y
period the provisions of this Agreement are not met to the City's satisfaction the Owner must
provide an updated financial guarantee on terms acceptable to the City. No later than Maw
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23, 2019 At the era of twe "` years, the Owner shall schedule and conduct sehe"le an
inspection with the City Engineering Division to determine if any settlement or subsidence of
trenches have occurred. Within a reasonable time after the inspection At the end of the twe
year-per-io , the City will return the financial guarantee to the Owner only if the City
Engineering Division agrees no subsidence or settlement has occurred related to the public
sewer and water mains or no other issues exist related to the integrity of the water and sewer
mains or the finished surfaces over the public mains. The inspection must include a video
inspection of the sanitary sewer main,which the Owner must also schedule and conduct
she prior to May 23, 2019 with the City Water and Sewer Division. Costs of such
inspections shall be borne by the Owner. If the inspection proves unsatisfactory in the City's
sole discretion,the Owner must,within six «`me 4+s no later than September 30, 2019 and
at Owner's sole expense, and as determined by the City in its sole discretion,reconstruct the
trenches,water and sewer mains as necessary and all necessary surface repairs prior to the
City releasing the financial guarantee. In addition,prior to the City accepting the
improvements and releasing the financial guarantee, the Owner's engineer of record must
certify no later than September 30, 2019 at the end of two years that no substantial settlement
has occurred that would compromise the integrity of the public water and sewer mains or the
finished surfaces over the public mains."
2. Section six (6) of the Water and Sanitary Sewer Main Trench Subsidence Liability
Agreement for Cottonwood Corner Apartments (the "Underlying Agreement") shall be
amended as shown below by strikeout and underlines:
"Notwithstanding paragraph five, above, the Owner must perform an annual inspection no
later than October 15 2018 one year-from the date of this ^gr-eev,.ea to verify no issues have
arisen associated with subsidence or settlement of the trench backfill for the public sanitary
sewer and water mains and no other issues exist related to the integrity of the mains or the
finished surfaces over the public mains. The Owner's engineer must file an inspection report
with the City Engineering. Any observed issues related to trench backfill settlement or
subsidence or related to the integrity of the sewer and water mains must, as determined by
the City in its sole discretion,be immediately corrected by the Owner."
3. All other provisions of the Underlying Agreement remain in full force and effect.
4. This Addendum must be recorded by the City in the records of the Gallatin County Clerk and
Recorder.
The parties have executed this agreement on the day and year first written above.
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####End of Agreement Except for Signatures ####
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OWNER:
2B HOLDINGS, LLC
By:
gamin E stler, Manager
DATED this day of Arrzkt- , 20j$__.
STATE OF MONTANA )
):ss
County of Gallatin )
On this 0*6 day of mQ�C�I , 20 1�5,before me the undersigned, a Notary
Public for the State of Montana,personally appeared BENJAMIN E. NISTLER, known to me to
be Manager of 2B HOLDINGS, LLC, a Montana limited liability company and the person whose
name is subscribed to the within instrument, and acknowledged to me that he executed the within
instrument for and on behalf of 2B HOLDINGS, LLC, a Montana limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL) ,��PINE4t, / KATH\E aIN P b AINES
yY.'NoTARry� : ic
for the State of Montana
Residing at:
u3.SEAL.��, Belgrade, Montana
My commission Expires:
July 22, 2020
Notary Public for the State of Montana
(Printed Name
Residing at
My Commission expires /
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ACCEPTED: CITY OF BOZEMAN
By:
City Manager
ATTEST: pF,
Robin Crough, City Cler �• y- = ;�;
1883 ♦ •��
STATE OF MONTANA )
) ss.
County of Gallatin )
On this day of �-,1 ,201�,before me, a Notary Public for the State of
Montana, personally appeared �SLLVC:a:L and ROBIN CROUGH, known to
me to be the City Manager and City Cleric for the City of Bozeman and the persons whose names
are subscribed to the within instrument, and acknowledged to me that they executed the same for
and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year
first above written.
BRENDA SWEENEY
Notary Public
NotaryPublic for the State Montana =mQ'N° Ac.<_for the State of Montana
= — - Residing at:
Printed Name. ��d� SF'.AI.. Bozeman, Montana
ReSidin at �P� ►�M�missionExpires'
g K t,-z—a��\ �"'ry-, „�;'��� December 02,2018
My Commission Expires L,-�J_,2L_/20
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