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HomeMy WebLinkAbout18- Improvements Agreement - Glen Lake Holdings, LLC - Glen Lake Commerce Subdivision (Manley Road Street Improvements) J-642 Send Ori ing al to; City of Bozeman City Clerk P.O.Box 1230 Bozeman,MT 59771 2636186 Page: 1 of 7 01/16/2019 04:51:34 PM Fee $49.00 Eric Semerad - Gallatin County, MT IMP I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII IMPROVEMENTS AGREEMENT FOR GLEN LAKE COMMERCE SUBDIVISION (MANLEY ROAD STREET IMPROVEMENTS) THIS AGREEMENT is made and entered into this day of 2018,by and between GLEN LAKE HOLDINGS LLC, 145 JEANNA LEI COURT, BOZEMAN MT 59715,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 of the Glen Lake Commerce Subdivision Preliminary Plat application 16533, for the Final Plat application of GLEN LAKE COMMERCE SUBDIVISION FINAL PLAT I8472,to subdivide 5.49 acres and create fifteen industrial lots (15), 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 the GLEN LAKE COMMERCE SUBDIVISION; and WHEREAS,the Final Plat for GLENLAKE COMMERCE SUBDIVISION, is to be filed prior to the installation of all required subdivision improvements and an improvements agreement with a non-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 GLENLAKE COMMERCE SUBDIVISION—Manley Road Improvements Agreement Page 1 of 7 Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Plat approval of GLENLAKE COMMERCE 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 Lot 1A,Minor Subdivision 154A, located in the Southwest one-quarter of Section 31, T. 1 S., R. 6 E. of P.M.M., City of Bozeman, Gallatin County, Montana 2. Improvements This Agreement specifically includes the following improvements for GLEN LAKE COMMERCE SUBDIVISION: Manley Road Street improvements including curb, gutter, asphalt paving and stormwater improvements. The Estimated Cost of said improvements was estimated by City of Bozeman Engineering Division 20 E. Olive Street, P.O. Box 1230, Bozeman, MT 59771-1230, with the estimated cost of improvements being in total Nine Hundred Sixty Two, Four Hundred Forty Dollars and Forty Nine Cents ($962,440.49). 3. Non-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 must be secured by a non- financial security in the form of a building permit restriction acceptable to the City of Bozeman. The subdivider must file this building permit restriction on all lots as the same time as recording of the final plat per Bozeman Municipal Code Section 38.270.080.B restricting the granting of building permits on any lot within the subdivision. The cost of said improvements is attributable to the GLEN LAKE COMMERCE SUBDIVISION The Subdivider hereby agrees the building permit restriction will not be lifted by the City unless and until the improvements required for Manley Road are completed and GLEN LAKE COMMERCE SUBDIVISION—Manley Road Improvements Agreement Page 2 of 7 accepted by the City. The improvements required of the Subdivider for Manley Road may be satisfied through creation of a special improvement district(SID) or through an alternative financing plan. If a special improvement district(SID) for the Manley Road improvements is created by the Bozeman City Commission the requirement for Manley Road improvements will be deemed by the City to be met and the building permit restriction will be lifted.If a SID is not created, the building restriction must remain in place until either the improvements are completed or the City agrees to release the building restriction upon the creation of an alternative financing plan to complete the improvements that will include financial contribution by the Subdivider or its successors in interest. 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 GLEN LAKE COMMERCE SUBDIVISION. 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 GLEN LAKE HOLDINGS LLC, 145 JEANNA LEI COURT, BOZEMAN MT 59715 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, continue the non-financial guarantee and record upon the property any other document necessary to restrict construction or further development of the property or require the subdivider or the successors in interest to the subdivider to participate in an alternative financing plan.The City's GLENLAKE COMMERCE SUBDIVISION—Manley Road Improvements Agreement Page 3 of 7 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. 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 including claims by the Subdivider's successors in interest regarding the building permit restriction. Subdivider further agrees to aid and defend the City in the event that it is named as a defendant in an action concerning the deferral of the improvements or the building restriction. 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. 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. 9. Modification or Alterations No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto. GLEN LAKE COMMERCE SUBDIVISION—Manley Road Improvements Agreement Page 4 of 7 10. 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. 11. 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. 12. Successors Except as provided in paragraph eleven(11),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. 13. 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. GLEN LAKE COMMERCE SUBDIVISION—Manley Road Improvements Agreement Page 5 of 7 SUBDIVIDER �-- BY: DAN ALEXANDER GLEN LAKE HOLDINGS, LLC TITLE: STATE OF MONTANA ) :ss County of Gallatin ) On this fday of 2018, before me, a NotaryPublic of the State of Montana, , personally appeared Dan Alexander,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 _A„Q 4&/ of Glen Lake Holdings, LLC, and acknowledged to me that(s)he executed th6 same for and on behalf of Glen Lak Holdings, LLC IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) pp C k�! Siena C Kolb 5 �ptAA/ e NOTARY PUBLIC for the (Printed Name Here) * SEAL * STATE OF MONTANA NotaryPublic for the State of N Q Residing at Bozeman,Montana • �9lF OF MOaSP� My Commission Expires Residing at -L-e-m v1 My Commission Expires:D r. aG j 0a I (Use 4 digits for expiration year) GLEN LAKE COMMERCE SUBDIVISION—Manley Road Improvements Agreement Page 6 of 7 THE CITY OF BOZEMAN ——"Yh Z ),4 L B ARTIN WiTSEN, DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin ) On this \I.%, day ofpc� y 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. �L KLOOSTERHOF Public S1nc�,n1R6� L V Wo P)CI r','�f;iAfifr{_'•, for the State of MontonR Residing at: Printed Name Here Bozeman.FAontana ( ) �:.....• ,:� l,�yX Notary Public for the State of Montana MAmhaa4 Residing at My Commission Expires: 3 I'} -LO'?4 (Use 4 digits for expiration year) GLEN LAKE COMMERCE SUBDIVISION—Manley Road Improvements Agreement Page 7 of 7