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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 J1\—r---, 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 .....--- 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 cup.. Z-Y My Commission Expires: S E A L (Use 4 digits for expiration year rrrrr' F n 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