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Home My WebLink About14-Amended Plat of Lot 1, Block 4, Meadow Creek Phase 1 Major Subdivision Improvements Agreement J-453—C Send Bozo to: 2478098 City of Bozeman Clerk ��,;,' v —^ 't Page: 1 of 8 04/0912014 10 12 08 AM Fee $8 00 P.O. Box 1230 Charlotte Mills - Gallatin County, MT IMP 121 North Rouse Avenue I IIIIIII III III IIII IIIIIII UIIII IIII IIII III IIIII IIIIIII III III I IIII Illl III Bozeman,1\17I'59771 IMPROVEMENTS AGREEMENT FOR AMENDED PLAT OF LOT 1,BLOCK 4,MEADOW CREEK PHASE 1 MAJOR SUBDIVISION This AGREEMENT is made and entered into this '7 day of /:4 ,2014, by and between McIntosh Construction, PO Box 458, Bozeman MT 59771 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-13004,for the Final Plat application of Amended Plat of Lot 1, Block 4 Meadow Creek Phase 1 Major Subdivision (#P-14002),to subdivide 2.4393f acres and create ten (10) single-household residential lots and the remaining area as common open spaces and public alleys; and WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for Amended Plat of Lot 1,Block 4 Meadow Creek Phase 1 Major Subdivision;and WHEREAS, the Final Plat for Amended Plat of Lot 1, Block 4 Meadow Creek Phase 1 Major Subdivision, was filed prior to the installation of all required subdivision improvements and an improvements agreement with financial security was provided; and Amended Plat of Lot 1,Block 4 Meadow Creek Phase 1 Major Subdivision—Sidewalk Improvements 1 Agreement 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 Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Plat approval of Amended Plat of Lot 1,Block 4 Meadow Creek Phase 1 Major 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: LEGAL DESCRIPTION—AMENDED PLAT OF LOT 1,BLOCK 4 MEADOW CREEK PHASE 1 MAJOR SUBDIVISION (SIDEWALK IMPROVEMENTS ON LOT FRONTAGE) A parcel of land, said parcel being Lot 1, Block 4, Meadow Creek Phase 1 Major Subdivision. 2. Improvements This Agreement specifically includes the following improvements for Amended Plat of Lot 1,Block 4 Meadow Creek Phase 1 Major Subdivision: a)lot sidewalk improvements. The Estimated Cost of said improvements for Lot Sidewalk improvements were generated by McIntosh Constrution,PO box 458, Bozeman MT 59771 at Twenty-two Thousand Seven Hundred Eighty-two dollars and fifty cents ($22,782.50). The estimate 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 money paid to the City of Bozeman, which is one hundred and fifty (150) percent of the Estimated Cost of said improvements. The amount paid is $34,173.75. Amended Plat of Lot 1,Block 4 Meadow Creek Phase I Major Subdivision—Sidewalk Improvements 2 Agreement The Subdivider hereby agrees that the following subdivision related improvements shall be installed and completed no later than three (3)years after the filing of the final subdivision plat for Amended Plat of Lot 1, Block 4 Meadow Creek Phase I Major Subdivision: lot sidewalk improvements. 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 Amended Plat of Lot 1, Block 4 Meadow Creek Phase 1 Major 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 money paid to the City 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 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 ten (10) days after written notice specifying the default is deposited in the United States mail addressed to the Subdivider at McIntosh Construction, PO Box 458, Bozeman,MT 59771, 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: Amended Plat of Lot 1,Block 4 Meadow Creek Phase I Major Subdivision—Sidewalk Improvements 3 Agreement 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 permit 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. 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. Warranty The Subdivider shall warrant that these improvements are made in a good and workman-like manner and against defects of all improvements for a period of two (2)years from the date of their written acceptance by the governing body. 9. Governing Law Amended Plat of Lot 1,Block 4 Meadow Creek Please I Major Subdivision—Sidewalk Improvements 4 Agreement 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. it. 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 Assilznment 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 as the recording of the final plat for Amended Plat of Lot 1, Block 4 Meadow Creek Phase I Major Subdivision.. Amended Plat oj'Lot 1,Block 4 Meadow Creek Phase I Major Subdivision—Sidewalk Improvements 5 Agreement SUBDIVIDER McIntosh Construction STATE OF MONTANA ) :ss County of Gallatin ) On this 7 day of Fe , 2014, before me a Notary Publi of he State of Montana, personally appeared b Ul�yur M l"��lb�n f e'qo be the person that executed the forega4rig 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. (SEAL) • S " KATHERINE MAINES 4( inted Name Here) Notary Public .No,An'A ,_ Po,the State of Montana Notary Public for the State of Montana *. Residing at: Residing at :cp SL.kL z Belgrade, Montana My Commission Expires: My Commission Expires: .July 22,201 s (Use 4 digits for expiration year) Amended Plat of Lot 1,Block 4 Meadow Creek Phase 1 Major,Subdivision—Sidewalk Improvements 6 Agreement THE CITY OF BOZEMAN BY: NDY THOMAS, COMMUNITY DEVELOPMENT DIRECTOR CITY OF BOZEMAN STATE OF MONTANA ) :ss �'e;:..ty of Gallatin ) On the day of , 2014, before me, a Notary Public for the State of Montana, personally appeared WenH Thomas, known to me to be the person described in and who executed the foregoing instrument as Community Development 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. (SEAL) KpTHERINE P,AAINES S Pl't'lip (Pr nted Name Here) ,^Ivlortana ' Notary Public for the St to of Montana ;r�tana Residing at r s�.5i-.fit r ,Pies: My Commission xpires: a?TFOF"'J" 16 (Use 4 digits for expiration year) Amended Plat of Lot 1,Block 4 Meadow Creek Phase I Major Subdivision—Sidewalk Improvements 7 Agreement