HomeMy WebLinkAbout18- Improvements Agreement - Islands, LLC - West Winds SW Subdivision (Open Space Landscaping) J-640' [PIL , ,�u 1.
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Charlotte Mills - Gallatin County, MT IMP
City Clerk
P.O.Box 1230 111111 III IN 1111111111111111111111111111111111111111111 III 11111111111111IN
Bozeman,MT 59771
IMPROVEMENTS AGREEMENT
FOR
WEST WINDS SW SUBDIVISION
(OPEN SPACE LANDSCAPING)
THIS AGREEMENT is made and entered into this 9,Vu day of jgpp.Wou 2018, by
and between ISLANDS, LLC, P.O. BOX 11078, BOZEMAN MT 59719, 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. 17583,for the Final Plat application of WEST
WINDS SW SUBDIVISION (18461), to subdivide 10.982 acres and create seventy-two (72)
single household residential lots,one(1)common open space lot,and the remaining areas as public
streets and alleys; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for
WEST WINDS SW SUBDIVISION; and
WHEREAS,the Final Plat for WEST WINDS SW SUBDIVISION, 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
WEST WINDS SW SUBDIVISION—Open Space Improvements Agreement Page 1 of 7
Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the
Final Plat approval of WEST WINDS SW 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 that are designated and
identified as being:
LEGAL DESCRIPTION
Lots 2, 3, and 4 of the Amended Plat Of Lot 1 And Lot 2 Of Block 1 And Lot 1 Of Block
4 Of West Winds Major Subdivision Phase 4 And Lot 1 Of Block 3 And Lot 1 Of Block
4 Of West Winds Major Subdivision Phase 5, [Plat J-493A], located in the Northwest
one-quarter of Section 2, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County,
Montana
2. Improvements
This Agreement specifically includes the following improvements for WEST WINDS SW
SUBDIVISION: Open Space landscaping improvements.
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 Six Thousand Seven Hundred Forty-Eight Dollars ($6,748.00).
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 in part by
an escrow in the amount of$10,122.00 and in part by an irrevocable standby letter of credit: Letter
of Credit No. in the amount of $10,122.00 from
acceptable to the City of Bozeman, which in
combination is one hundred and fifty (150) percent of the Estimated Cost of said improvements
attributable to WEST WINDS SW SUBDIVISION.
WEST WINDS SW SUBDIVISION—Open Space 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 WEST WINDS SW SUBDIVISION in order to avoid default on the
method of security: Open space landscaping improvements.
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 WEST WINDS SW SUBDIVISION.
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 ISLANDS, LLC,
P.O. BOX 11078, BOZEMAN MT 59719 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
WEST WINDS SW SUBDIVISION—Open Space Improvements Agreement Page 3 of 7
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.
10. Modification or Alterations
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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.
WEST WINDS SW SUBDIVISION—Open Space Improvements Agreement Page 5 of 7
SUBDIVIDE
BY: W. Mark Easton
ISLANDS, LLC
TITLE: Atca bw
STATE OF MONTANA )
:ss
County of Gallatin )
o�c�l�
On this�day of 2018, before me, a Notary Public of the State of Montana,
personally appeared W. Mark Easton, known to me to be the subdivider that executed the
foregoing Improvemp�nts 4greement, and acknowledged to me that(s)he executed the foregoing
instrument as I d 41//y,G- of Islands, LLC, and acknowledged to me that
(s)he executed the same for and on behalf of Islands, LLC
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
(Printed Name
r,N� SHEILA TINJUM Notary Public fHe e State of
y'.•'"''•G� Notary Public
X40TAR for the State of Montana Residing at
Residing at: M Commission Ex ires:
p„•.3EAL.-,; Bozeman, Montana Y p
-9 •� _c�R My commission Expires: (Use 4 digits for expiration ear)
August 03,2019
WEST WINDS SWSUBDIVISION—Open Space Improvements Agreement Page 6 of 7
THE CITY OF BOZEMAN
BY: MKRTIN MATSEN,
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On this fi" day of -00-Wbear 2018, before me, a Notary Public for the State
of Montana, personally appeared Martin Matsen, 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.
NON L KL005TERHOF L k l0 OSieYa
Notary Pubito
_' No1�Ritt :for the State of Montana
*; Residing at (Printed Name Here)
.41 Bozeman, Montana Notary Public for the State of Montana
MY commission Expires: Residing
Ma-ch t�,�oz7 g at �y�:�w�aX►� M� S1�1%
My Commission Expires: 3.1� •tOZ.I
(Use 4 digits for expiration year)
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