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HomeMy WebLinkAbout3.1_N15Ave Agreement-2008.05.08 PTLAND N15 costshare record2299493 Q a 61�N NORTH 15T" AVENUE ROAD CONSTRUCTION AGREEMENT 0'1 T This agreement is entered into this .. day of 2008, by and between PT N o Land, a Montana General Partnership, the address of hich is 511 N. Wallace, Bozeman, MT 59715, and Saccoccia Lands II, LLC a Montana LLC, the address of which is 1234 Springhill School Rd, Belgrade, MT 59714. WHEREAS, Saccoccia Lands II, LLC is the owner of real property located in Bozeman, MT, more particularly described as Lot 5 Bridger Peaks Village, City of Bozeman, Gallatin County, Montana as shown on Exhibit A, attached; and i O WHEREAS, PT Land is the owner of Tract 2A of Certificate of Survey 1215F, City of Bozeman, Gallatin County, Montana as shown on Exhibit A, attached; and WHEREAS PT Land has an Approved Preliminary Plat over Tract 2A of Certificate of Survey 1215F that requires the construction of North 15th Avenue from its current terminus immediately south of Patrick Street, north to Tschache Lane as a Condition of Final Plat Approval; and L � L WHEREAS, Philip Saccoccia Jr. has previously constructed North 15th Avenue from Oak Street to a point immediately south of Patrick Street at no expense or cost to PT Land; WHEREAS, The portion of North 15th Avenue previously constructed by Philip Saccoccia Jr. from Oak Street to a point immediately south of Patrick Street is more than 50% of the distance from Oak Street to Tschache Lane, WHEREAS, PT Land and Saccoccia Lands II, LLC agree that it is in the parties best interest to agree upon the allocation of costs of construction of North 15th Avenue from Oak Street to Tschache Lane and execute this agreement; and WHEREAS, parties desire to resolve all issues and the respective rights and responsibilities of the parties regarding the allocation of costs of construction of North 15th Avenue from Oak Street to Tschache Lane. NOW THEREFORE, the parties covenant and agree as follows: 1. Saccoccia Lands II, LLC hereby agrees to provide an additional wetlands area within Lot 5 Bridger Peaks Village at no expense or cost to PT Land, which will allow construction of North 15th Avenue, as shown in Exhibit B, attached, from a point immediately south of Patrick Street north to Tschache Lane to be done with the least possible impact on Tract 2A of Certificate of Survey 1215F. 2. PT Land shall construct or cause to be constructed, additional wetlands, as 1 M described and defined in Exhibit B attached hereto. Said wetland construction and Le CO subsequent maintenance during the monitoring period and the monitoring itself shall be Cn RT- completed at no expense or cost to Saccoccia Lands II, LLC as the owner of Lot 5 Bridger ° o Peaks Village or their successors and assigns. CD N N M Nm0 N a o 3. PT Lands shall also cause the construction of North 15th Avenue from a point immediately south of Patrick Street to Tschache Lane, as described and defined in Exhibit B attached hereto to be completed at no expense or cost to Saccoccia Lands II, LLC as the LD owner of Lot 5 Bridger Peaks Village or their successors and assigns. E 4. The parties further agree that Saccoccia Land 11, LLC by this agreement executes a temporary construction license for construction maintenance and monitoring of the additional wetlands as depicted on Exhibit B, attached hereto and incorporated by reference herein. Said temporary construction license shall be for the purpose of providing a contiguous work zone during the construction of wetlands, depicted on Exhibit B. Said temporary construction license shall expire at the conclusion of the regulatory monitoring period for said constructed wetlands. E ° 5. Time shall be of the essence of this Agreement. The terms and conditions thereof shall inure to and be binding upon the heirs, legal representatives, successors and assigns of the parties hereto and attach to the property identified herein. In the event of dispute over this Agreement, the parties agree that the prevailing party shall be entitled to recover costs, including reasonable attorney's fees. The parties hereto understand that this shall constitute a legally binding contract upon execution hereof by all parties. Notwithstanding any other remedies which may be available at law or in equity, any party, in the event of default by another, shall be entitled to specific performance of this agreement. 6. This Agreement may be signed in counterparts by the parties executing separate signature pages for attachment to the Agreement. If the Agreement is executed in this fashion, the resulting Agreement and counterpart signature pages shall be considered to constitute a single, integrated document. Signatures communicated by "fax" shall be considered binding pending receipt of the original signature page. 7. Any notice permitted or required hereunder shall be deemed received if in writing and delivered personally, one day after being sent by a nationally recognized courier service, or three days after mailed at a U. S. Post Office by first class, certified mail, postage prepaid as follows: If to PT Land 511 N. Wallace Bozeman, MT 59715 If to Saccoccia Lands II, LLC 1234 Springhill School Road Belgrade, MT 59714 Any party may, by giving notice as provided above, change the address to which notices must be sent or designate an additional address to which required copies must be sent. 2 a M v (n L SACCOCCIA LANDS II, LLC. SIGNATURE PAGE �wCD moo 0 N ^ N "Lo ao L Saccokia_LaMs II, LLC Philip Saccoccia, Jr., Managing Member o U STATE OF &&/knK ) :s s COUNTY OF This instrument was acknowledged before me ona�, 2008 by Philip Saccoccia, Jr. as Managing Member of Saccoccia Lands 11, LLC. �� ro U 7' Notary Public for State of Montana 0�1•P5 �ST�'Lo Name (printed): µhp �� NoTAR�qv Residing at: r SEAL Commission Expires. o q�OF Q�' 3 I51 N r PT LAND SIGNATURE PAGE d'wm Cn CD v N 0 0 01� (VN 1° aa a (;; l Lan Jerry Perkins, Managing Member C th ° STATE OF modhG ) ss COUNTY OF ) This instrument was acknowledged before me on ('�o,� , 2008 by Jerry Perkins as Managing Member, PT Land. ° - L - L U Notary Public for State of Montana Name (printed): 17�ow,e�lr`oaeS Residing at: ozem&v,, (`n Commission Expires: o-+ )3 gxob 4 MCE CE N W W W N - 0� ° 0 1 n O W y N N 67J � W W W Nam © W PROPOSED BRIDGE oLo _ N = EXW EXW-�FX.,N EX �- EXW EXW _ I TSCHACHE LANE r (J W � C N DETENTION POND BRIDGE OT 5 LAGE .' SPEAKS VIA 35' (W-1-06) WETLAND W ETBACK !!!!!!m L SPRING CREEK (WALTON'S STREAM/DITCH) / Q TRACT/ 15 COS 1215E WETLANDS TO 13E ABANDONED (0.04 ACRES) •W EXISTING SETBACK LINE �• �� PROPOSED SETBACK LINE .W• WETLANDS TO E3E CREATED ,-W• �� (0.04 ACRES) 'w 'W• j�f SETBACK o PATRICK STREET Wj EXISTING END OF NORTH 15TH AVE. 0 0.04 ACRES WETLANDS FILLED ® 0.04 ACRES WETLANDS 9REATED f i IGRAPHIC SCALE I100 0 50 100 N IW ( IN FEET ) I1 inch = 100 ft. xt II 6RISON o qq,�gy�pp _ �LJI(AiBRLE,^� __ EX MIT B .,/10/2007 mum 1 r-gmL o amo.ws �y