HomeMy WebLinkAbout14-Southbridge Major Subdivision Phase 2 Parkland Landscape and Irrigation Equipment Send Original to:
City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,Montana 59771
IMPROVEMENTS AGREEMENT
FOR
SOUTHBRIDGE MAJOR SUBDIVISION, PHASE 2
This AGREEMENT is made and entered into this r (P day of 2014,
by and between HOLYOKE IV, 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, Montana 59771, 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-11001, for the Final Plat application of Southbridge Major
Subdivision (formerly Meadow Creek), Phase 11(#P-13034) also known as Phase 2, to subdivide 6.019±
acres together and create seventeen (17) single-household residential lots, one (1) public park, two (2)
Open Space parcels, and the remaining area as public streets and alleyways; and
WHEREAS,the subdivision title for the north 20.0±acres of Meadow Creek Subdivision, Phase 11
has been amended to be Southbridge Subdivision; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for
Southbridge Subdivision, Phase 2;and
WHEREAS, the Final Plat for the Southbridge Subdivision, Phase 2, was filed prior to the
installation of all required subdivision improvements for Phase II and an improvements agreement with
financial security was provided; and
1
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 Southbridge
Subdivision, Phase 2.
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—PUBLIC PARK A
A tract of land being public Park A of Southbridge Subdivision Phase II within a portion of Lot 4
of Minor Subdivision No. 235 located in the Southeast One-Quarter (SEX) of Section 23,
Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, being more particularly
described as follows:
Beginning at a found Sanderson Stewart yellow plastic cap at the northwest corner of said Public
Park A,from which the northwest corner of Lot 1, Block 5 of Southbridge Subdivision, Phase 1A,
a found Sanderson Stewart yellow plastic cap, bears North 81'34'05" East a distance of 116.79
feet;
Thence North 81'34'05" East a distance of 14.54 feet to an Alpine aluminum cap;
Thence South 10`08'50" East a distance of 360.32 feet to an Alpine aluminum cap;
Thence South 25°14'52"West a distance of 15.72 feet to an Alpine aluminum cap;
Thence North 88°54'37" West a distance of 40.54 feet to an Alpine aluminum cap;
Thence North 01°04'01" East a distance of 99.70 feet to an Alpine aluminum cap;
Thence North a distance of 88.87 feet along a tangential curve concave west having a radius of
530.00 feet, a central angle of 09°36'26", a chord bearing of North 03`44'12" West and a chord
length of 88.77 feet to an Alpine aluminum cap; thence North 08°32'25" West a distance of
179.74 feet to the Point of Beginning, containing 0.21 acres, more or less.
SUBJECT to all easements of record or apparent from a visual inspection of the property.
2
2. Improvements
This Agreement specifically includes the following improvements for Phase II: interim parkland
landscape and irrigation equipment. The Estimated Cost of said improvements for parkland landscape
and irrigation equipment has been estimated by Design Five Landscape, 4249 Cover Street, Bozeman,
Montana 59718, at Sixteen Thousand Five Hundred and no/IOOths Dollars($16,500.00). 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 cash (Flathead Bank
of Bigfork; $24,750.00) acceptable to the City of Bozeman, which is 150% of the Estimated Cost of said
improvements.
The Subdivider hereby agrees that the following subdivision related improvements shall be
installed and completed within one (1) year of the filing of the final subdivision plat for Southbridge
Major Subdivision, Phase II: interim parkland landscape and irrigation equipment 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 the Southbridge Major Subdivision, Phase 2.
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.
3
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 thirty (30) days after written notice specifying the default
is deposited in the United States mail addressed to the Subdivider at Holyoke IV, Inc., 9030 North Hess
Street, #373, Hayden, Idaho 83835, 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 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
4
Agreement except where such suit is brought by the Subdivider. The Subdivider is not an agent or
employee of the City.
7. Attorney's 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
or the Southbridge Subdivision Homeowners Association if, and only if, pursuant to Section 4.3 of the
Southbridge Covenants (pg. 9), until 75% of the lots in Southbridge have been sold or five years have
passed since the recording of these Covenants, whichever is longer. Southbridge Covenants were
recorded with the Gallatin County Clerk& Recorder on August 27, 2012, Document No. 2427605.
9. Governing Law
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.
5
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 of the City.
13. Successors
Except as provided in paragraph 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 within ten (10) business days of the signature of the Community Development Director.
SUBDIVIDER:
HOLYOKE IV, INC.
By:
Andrew D. Holloran,Vice-President
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of u 2014, before me, a notary public of the State of
Montana, persona ly appeared Andrew D. Ho loran, as Vice-President of HOLYOKE IV, INC., known to me
to be the person that executed the foregoing Improvements Agreement on behalf of the corporation,
and acknowledged to me that he 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.
f 71l ,
``"uMi°tnpur,r Q�'?fl`' L7-1
SD.:�'
Notary Public for the State of Montana
Printed Name:
...,,
MY
�OFMa� Novenioe�26,2015
irgrL Itt""
6
THE CITY OF BOZEMAN
By:
Wendy Thomas,Community Development Director
STATE OF MONTANA )
SS.
County of Gallatin )
On this day of 2014, before me, a notary public of the State of
Montana, personally appeared Wendy Thomas, as Community Development Director for THE CITY OF
BOZEMAN, known to me to be the person that executed the foregoing Improvements Agreement on
behalf of the City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and
year first above written.
7-=04
HASTIE Notary Public for the State of Mont na n
r Pubi+c Printed Name:w c� C�f of t.-lontana cr�c� at:fJontanasion Expires:4, 2017
7
EXHIBIT"A"
ESTIMATED COST FOR IMPROVEMENTS
Date:
Project: Southbridge Major Subdivision,Phase II
Developer: Andrew D.Holloran
Vice President,Holyoke IV,Inc.
Improvements Sq. Ft./Ln.Ft Estimated Cost
Park landscaping—grass and lawn $7,000.00
Park landscape—trees $3,500.00
Park irrigation $6,000.00
$16,500.00
Sub Total $16,500.00
150% $8,250.00
$24,750.00
Approved by City Engineering Office Date
Southbridge Major Subdivision Phase II—Improvements Agreement
10/7/2013
Southbridge Subdivision - Phase II
Improvement Bonding Summary
Landscauintc&Irrigation
Estimate Construction Cost(North 20th Park)
Grass/Lawn $7,000.00
Trees $3,500.00
Irrigation $6,000.00
$16,500.00
150%Bonding of Estimate Construction Cost $24,750.00
DATE 1 1/20/2013 w
PAy,O ity of Bozeman I II I CD CD
� d
N IF=w
w
AMOUNT 24,750,00 �I 00 !�CD^JL!- .—I }—}
<t=
MEMdWrovement Bonding Phase ,_J Q r 7'
11-Southbridge LrL, r�
,ATE ,
�31Q598)8
((
V
AccTHOLYOKG IV,INC.#90168
150%Bonding of Estimate Sidewalk Construction Cost $0.00