HomeMy WebLinkAbout18- Improvements Agreement - Glen Lake Holdings, LLC - Glen Lake Commerce Subdivision (Manley Road Street Improvements) J-642
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Bozeman,MT 59771
2636186
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Eric Semerad - Gallatin County, MT IMP
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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