Loading...
HomeMy WebLinkAbout13- Legends at Bridger Creek II Subdivision Phase II Improvements Agreement J-516 Send Original to: City of Bozeman Planning Department P.O.Box 1230 � f Bozeman,MT 59771 ? VO k4 Page: 1 of 10 01/3012014 11:36:36 AM Fee: $10.00 Charlotte Mills - Gallatin County, MT IMP 111111111111111111111!1 11111111111111111111 Ill 11111111111 IN I< PROVEMENTS AGREEMENT FOR LEGENDS AT BRIDGER CREEK II SUBDIVISION,PHASE 11 This AGREEMENT is made and entered into this Z�''i day of Oc 7 , 2013, by and between GUINNESS PARTNERS,INC., 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, Planning Application No. P-13003, for the Final flat application of Legends at Bridger Creek II, Phrase It Subdivision, to subdivide 9.39± acres together and create thirty (26) single- household residential lots, and the remaining area as open spaces, public streets and alleyways; and WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for Legends at Bridger Creek II, Phase II Subdivision; and WHEREAS, it is the intent of the Subdivider to file the Final Plat for the Legends at Bridger Creek A Phase II 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 completion of the required improvements Legends at Bridger Creek II,Phase II—Improvements Agreement I 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 Legends at Bridger Creek II, Phase II 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 which are designated and identified as being: Legends at Bridger Creek II,Phase H Subdivision, a tract of land being a portion of the remainder of Tracts 2 of film 12, page 825, less the Plat of The Legends at Bridger Creek 11 Subdivision, Phase 1, situated in Section 32, Township 1 South, Range 6 East, Principal Meridian, City of Bozeman, Gallatin County, Montana. 2. Improvements This Agreement specifically includes the following improvements for Phase 11: a) single family lot frontage sidewalks. The Estimated Cost of said improvements has been estimated by Morrison-Maierle, Inc, 2880 Technology Blvd West, Bozeman, MT 59718, at seventy six thousand, nine hundred and forty nine dollars($76,949) and is attached and made a part of this Agreement, as Exhibit"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 letter of credit, 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 at a minimum thirty (30) days prior to the expiration date if all required subdivision improvements are not installed at that time. Legends at Bridger Creek 11,Phase 11—Improvements Agreement 2 The Subdivider hereby agrees that all boulevard sidewalks for individual subdivision lots in Phase 11 shall be installed and completed with issuance of a building permit and prior to issuance of an occupancy permit or within three (3) years of the filing of the final plat for Legends at Bridger Creek H, Phase H Subdivision, whichever comes first, in order to avoid default on the method of security. The Subdivider agrees that no delegation of performance required by this agreement shalt relieve the Subdivider of any duty to perform or any liability for the breach of that duty to complete said subdivision improvements required for the Legends at Bridger Creek H, Phase H 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 pen-nit 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 Guinness Partners, Inc., 430 N. Ryman, 2`1 Floor, Missoula, Mt 59802 , 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: Legends at Bridger Creek II,Phase IT—improvements Agreement 3 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 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 pen-nit and secure any additional permission required to enable them to do so. In the event that any funds remain from the financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdivider. 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. 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. Attorna 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. Warranty 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 38,26.100 of the Bozeman Zoning Code. 9. Governing Law Legends at Bridger Creek 11,Phase 11—improvements Agreement 4 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. Filing 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 the Legends at Bridger Creek H, Phase 11 Subdivision, is filed. SUBDIVIDER d7,+ 13",�: JIM MCLEOD, /I MANAGING PARTNER, GUINNESS PARTNERS, INC. STATE OF MONTANA :ss Legends at Bridger Creek It,Phase 11—Improvements Agreement 5 M IS S c' County of GftH".n On this _Z� day of OZ,7- 2013, before me a Notary Public of the State of Montana, personally appeared Jim McLeod, 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 Notarial Seal the day and year first above written. A (SEAL) r7 LUCY E, CLOUSE \,(Printed 0 Notary, ubli r the State of Montana NOTARY PUBLIC for the Mubli r h State of Montana Residing at SEAL "I Residing at Missoula, MT My Commission Expires My Commission Exp1rC`s':"'-�' rmo August 01, 2015. (Use 4 digits for expiration yeah}"-,. Legends at Bridger Creek 11,Phase 11-Improvements Agreement 6 THE CITY OF BOZEMAN BY: PLANNING DTRI--c,rOR CITY OF BOZEMAN STATE OF MONTANA :ss County of Gallatin On the � day of 2011/,before me, a Notary Public for the State of Montana, personally appeared cAA known to me to be the person described in and who executed the foregoing instrument as Planning Director of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she 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. J\IJ /�A o- (SEAL} ............................... cki C),- I L. HAS, -1E (Printed Name Here) Notary Public for the State of Montana _)I A for �hc Si In, a Residing at fv\A L\ ��1\,r" 4-A ��b V7 "5 My Commission Expires: xp Aprfl 04, 21017 (Use 4 digits for expiration y ar) Legends at Bridger Creek 11,Phase 11—improvements Agreement 7 EXHIBIT "A„ ESTIMATED COST FOR IMPROVEMENTS Date:_ 10 / e .? Project.Legends at Bride er Creek 11, Phase 11 Subdivision Developer:. Jim McLeod z2 r Managing PartnA6 Guinness Partners,Inc. Improvement Sq. Ft./Ln. Ft Estimated Cost Lot Frontage Sidewalks Per Morrison-Maierle, Inc Estimates $ 51,299.55 Total= $51,299.55 x 1.5 = $76,949.00 Approved by City Engineer's Office Date 12 kj / N:\-3959101MDesign DoesTlattingkLegends 11-Ph 11-Final PlatTegends Phase 11 1A.doc Legends at Bridger Creek II,Phase 11—Improvements Agreement 8 LEGENDS AT BRIDGER CREEK SUBDIVISION 11 ® Phase 11 Improvements Agreement Estimate OWNER'S NAME AND ADDRESS: Guinness Partners, Inc. 430 N. Lyman, 2nd Floor Missoula, Mt 59802 N/3959/010/Design Docs/Platting/Legends 11-PHII-Final Plat/IA Estimate 091613,xis Improvements Agreement Estimate CONTRACT AMOU NT ITEM ESTIMATED NO., DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 101 lConcrete Sidewalk(Located in front of Lots) 11,793 SF $4.35 $51,299.55 102 jPark and Open Space Landscaping 1 LS $0,00 Sub-Total of 1A Estimate $61,299.66 TOTAL AMOUNT OF IA ESTIMATE= $51,299.55 LOG-150% TOTAL COST= $76,949,33 Total Amount of LOG= $76,949.33 Current LOG= Reduction Page 1 of 1 GUINNESS PARTNERS, INC., a Montana corporation POWER OF ATTORNEY KNOW ALL PERSONS BY THIS PRESENTS: That 1, James P. McLeod, President of Guinness Partners, Inc., a Montana corporation, 430 N. Ryman 2"`' Floor, Missoula, NIT 59807-9079, duly incorporated under the laws of the State of Montana and the United States of America hereby appoints Jarnes P. Corrick, Secretary and Treasurer of Guinness Partners, Inc, as the true and lawful attorney for the corporation to act in, manage and conduct its affairs in accordance with Guinness Partners, Inc.'s General Articles of Incorporation. The corporation, Guinness Partners, Inc,, hereby gives and grants unto the said attorney, James P. Conick, full power and authority to do and perform all and every act, deed, matter and thing whatsoever in connection with the corporation's General Articles of Incorporation adopted and approved by the Corporation's Board of Directors. In this regard, the attorney, James P. Corrick, is hereby granted full power and authority to represent the interests of the corporation with the right to conduct negotiations and make contracts with companies and organizations, to sign constituent documents and other documents connected with the corporation's activities; to own, use and have at his disposal the corporation's physical and financial property, including monetary resources; to be engaged in business activities. This Power of Attorney is valid from the date of signing until the j 5 day of Nov. _, 2013, This Power of Attorney has been executed by James P. McLeod, President of Guinness Partners, Inc. and who is a properly authorized person in accordance with the regulations and bylaws of the corporation, ITNESS WHEREOF, I have hereunto set rny hand this4 2 day of 2013. James P. McLeod,President Guinness Partners Inc, STATE OF MONTANA :ss County of Missoula On this �z day of r--r.-, 2013, before me, a Notary Public for the State of Montana, personally appeared before me James P. McLeod known to me to be the President of Guinness Partners, Inc., a Montana corporation and the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary PtTbfi of Montana (SEAL) Residing at y gqLc&M5issi on expires: S.c Luc NOTARY PUBLIC for the State of Montana SEAL Residing at Missoula, MT op Mo Al My Commission Expires August 01,2015.