HomeMy WebLinkAbout10- CHB Properties LLC, Minor Subdivision Improvements Agreement IMPROVEMENTS AGREEMENT
FOR
CIIB PROPERTIES, LIX, MINOR SUBDIVISION
This AGREEMENT is made and entered into this
day of
2010, by and between CUIB PROPERTIES, LLC, hereinafter called
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the "Subdivider", and the CITY OF BOZEMAN, a municipal corporation and political
subdivision of the State of Montana, with offices at 411 East Main Street, 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. P-09001, for the Final Plat application of
the CIIB Properties Minor Subdivision, to subdivide 3.157+ acres and create two (2)
manufacturing &industrial lots, Planning Application No. P-09001; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for the CHB Properties Minor Subdivision; and
WHEREAS, it is the intent of the Subdivider to file the Final Plat for CHB Properties
Minor Subdivision, prior to the installation of all required subdivision improvements; 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 cornpletion of the required
improvements related with the property hereinafter described; and it is the intent of this
Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the
Final Plat approval of CHB Properties Minor Subdivision.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
CHB Properties Minor Subdivision-Improvements Agreement
1. Property Description
This Agreement pertains to, and includes, those properties which are designated and
identified as being:
C'HB Properties Minor Subdivision, a tract of land being Tract B-1-A of
Certificate of Survey No. 156D located in NW '/4 of Section G, T2S, ICI:-,;,
P.M.M., City of Bozeman, Gallatin County, Montana, more or less, subject to all
existing easements of record or of fact.
2. Improvements
This Agreement specifically includes the following improvements for said minor
subdivision: a) water service connection, and b) sanitary sewer service connection. The
Estimated Cost of said improvements has been estimated by Gaston Engineering & Surveying,
PC, 211 Haggerty Lane, P.O. Box 861, Bozeman, MT 59715, at Five Thousand Dollars and
No Cents, $5,000.00, and is attached and made a part of this Agreement, as Fxhibit"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 by a
financial guarantee in the form of a bond or bonds, which is one hundred and fifty (150) percent
of the Estimated Cost of said improvements.
The financial guarantee shall be in full force and effective until the work is completed by
the Subdivider and accepted by the City of Bozeman. Said financial guarantee shall be
automatically renewed or extended within thirty (30) days of the expiration date if all required
subdivision improvements are not installed at that time. The Subdivider hereby agrees that all
CHB Properties Minor Subdivision—Improvements Agreement 2
infrastructure improvements will be completed within one (1) year of the filing of the final
plat for said two-lot minor subdivision, in order to avoid default on the method of security.
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 CH&Properties Minor 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 frilly
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 C1113
Properties, LLC, 269 Jackrabbit Lane, Bozeman, MT 59718-9487, 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
CIIB Properties Minor Subdivision—improvements Agreement 3
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
theirs to do so. In the event that any funds remain from the financial guarantee
upon completion of all improvements, such fiends shall be promptly returned to
the Subdivider.
B) The City may enforce any other remedy provided by law.
6. Indeinnit"ication
The Subdivider hereby expressly agrees to indemnify and hold the City harmless to], 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. Attornev 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. Warrantv
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. All landscaped areas required by this
Agreement shall be permanently maintained by the Subdivider pursuant to section l 8. 19.110 of
the Bozeman Zoning Code.
CHB Properties Minor Subdivision—Improvements Agreement 4
1. Governing Lawn
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
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. Filin
The Subdivider shall have this Agreement recorded in the Office of the Gallatin County
Clerk and Recorder at the same time the Final Subdivision Plat for CHB Properties .Hinor
Subdivision,is filed.
+CHB Properties Minor Subdivision—Improvements Agreement 5
SUBDIVIDER
BY. Edward Brandt, Member
CHB Properties, LLC
STATE OF MONTANA
:ss
County of Gallatin
On this day of . 2010, before rne a Notary Public of the State of
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Montana, personally appeared Edward Brandt, known to me to be the person that executed the
foregoing Improvements Agreement, and acknowledged to me that they executed the same for
and on behalf of said Subdivider.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Seal the day and year
first above written.
(SEAL)
(P d&6e l-I ere)
A,/'
Notary Public for the St ate of Montana
aOTARIAI Residin�, at
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My Commission Expires:
S E A L
(Use 4 digits for expiration year
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CHB Properties Minor Subdivision—improvements Agreement 6
THE CITY OFBOZEMAN
BY: CHRIS SAUNDERS
INTERIM PLANNING DIRECTOR
CITY OFD0Z2MAN
STATE 0FMONTANA \
so
County ofGallatin )
On the �' day of , 2010, before me, allotary Public for the Siu10
of Montana, personally appeared Chris Saunders, known tometobe the person described ioand
who csccn1rd the foregoing ioatruoucoi as Planning Director of' the City of Bozeman, vvhuao
name ia subscribed To the within ioytrozoco1 and acknowledged tu ,ue that she executed the same
for and oo behalf o[said City.
IN WITNESS WHEREOF, I have bcronotu urtumy bmzd and affixed my mem| on the day and
year first written above.
\
(SEAL)
(Printe-d Name Here)
Notary Public for the State of'Montana
Residing '
MyConuouiaai6uExpicc \ �
(Use 4 digits for expiration ' or)
CB8 Properties Minor Subdivision—Improvements Agreement 7
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
Date:
Project: +CIIB Properties Minor Subdivision
Developer: CHB Properties, LLC
Imuroveament Sq. Ft./Ln. Ft I:stiniated Cost
Water Service Connection Per Gaston Engineering Estimates $ 4,000.00
Sewer Service Connection Per Gaston Engineering Estimates $ 1,000.00
Total = $ 5,000.00
x 1.5 — $ 7,500.00
Approved by City Engineer's�Offic� ! ' '� - Date
C11B Properties Miner Subdivision—Improvements Agreement 8