The URL can be used to link to this page

Home My WebLink About00- Stoneridge PUD Minor Subdivision #1 Improvements Agreement MINOR 286 j 2023277 111111111111111111111111111111111111111111111111111 Page; 7 of 6 1012012000 03,21P PLA7]ED shelley Vance-Gallatin Cc MT MISC 36.00 IMPROVEMENTS AGREEMENT FOR STONERIDGE P.U.D. MINOR SUBDIVISION #1 THIS AGREEMENT is made and entered into this ,21_day of 2000,by and between Don Cape,Sr„for Cape-France, Inc.,hereinafter called the "Developer",and the City of Bozeman,a Municipal Corporation of the State of Montana,hereinafter called the"City". WHEREAS, it is the intent and purpose of the Developer to meet the conditions of Preliminary Plat approval of StoneRidge P.U.D. Minor Subdivision#1 to subdivide 28.42 acres into four(4) commercial lots and one (1) remaining parcel for further subdivision of the property hereinafter described; and WHEREAS, it is the intent and purpose of both the Developer and the City to enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the subdivision of 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 conditional approval of said minor 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 follows: StoneRidge P.U.D. Minor Subdivision#1, located in the Southeast One-Quarter of Section 2, Township 2 South, Range S East, P.M.M., City of Bozeman, Gallatin County, Montana, containing approximately 28.42 acres of land. 2. Improvements This Agreement specifically guarantees installation of: a) interior sidewalks along Stoneridge Drive, Charlotte Street, and North 22""Avenue, b) completion of public trail system and landscape along Catron Creek, e)landscape and landscape irrigation within the North 22"1 Avenue street median, and d) Catron Creek corridor landscape and landscape irrigation improvements. The Subdivider shall install the required landscape and irrigation improvements, and complete the trail improvements along the Catron Creek corridor within nine(9)months of Final Improvements Agreement: StoneRidge P.U.D. Minor Subdivision#1 ] 111111111111111111111111111111111111111111111111 2023277 Pape: 2 of 6 10/20/2000 03:21P Shelley Vance-Gallatin Cc MT MISC 36,00 Plat approval by the City Commission. The required North 19`h Avenue greenway corridor landscape and landscape irrigation improvements, as outlined in Section 18.54.110 for the Zoning Ordinance, shall be installed by the landowner of each individual subdivision lot at the time said subdivision lot is developed. 3. Financial Guarantee, Time for completion of Improvements Prior to issuance of any building permit,exclusive of the Holiday Companies convenience store located on Lot#1,or filing of the Final Plat,the Improvements Agreement must be secured by a financial guarantee, as may be deemed acceptable by the City,payable to the City, in an amount equal to one and one-half(1 1/2) times the City's estimated cost of the installation of the required improvements, Exhibit "A". The financial guarantee shall be in the form of an Escrow Account, Letter of Credit, Surety Performance Bond, or any method of security that may be acceptable to the Governing Body and shall be effective for not less than twelve(12)months. The estimated cost of the improvements shall be estimated by the Developer's Professional Engineer and submitted to and approved by the City Engineer or Public Service Director prior to acceptance of this Agreement. The method of financial guarantee shall be acceptable to the Public Service Director,and shall be submitted with the signed Improvements Agreement. In any event, all required improvements as described on Exhibit "A", Estimated Cost For Improvements, shall be completed within nine (9) months of Final Plat approval by the City Commission. 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 Developer 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 Developer 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 Developer at 16 North Improvements Agreement: StoneRidge P.U.D. Minor Subdivision#1 2 111111111111111111111111111111111111111111111111111 2023277 Pape: 3 of 6 10/20/2000 03:21P Shelley Vance—Gallatin Cc MT MISC 36'00 9'"Avenue,Suite#1,Bozeman,MT.59715 or such other address as the Developer 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 hereafter secure the complete construction and inspection of the improvements described herein. 1. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection, and the Subdivider shall permit and secure any additional permission required. B) The City may enforce any other remedy provided by law. 6. Attorney ees In the event it becomes necessary for either party to enforce any of the terms or conditions of this agreement through the use of an attorney, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 7. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the state of Montana. In any event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 8. Warranty The Developer shall warrant against all defects in the water, sewer, storm drainage, street and sidewalk improvements for a period of one (1)year from the date of the certification of said improvements by a professional engineer and initial acceptance by the City. All landscaped areas, open space areas, stream corridors, greenway corridors, and public trails required by this Agreement shall be permanently maintained by the Developer and/or property owner's association pursuant to section 18.50.100(H)of the Bozeman Area Zoning Code and Declaration of Covenants and Restrictions of said subdivision. 9. Governing Law This Agreement shall be construed according to the laws of the State of Montana. 10. Modifications or Alterations No modification or amendment to this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto. Improvements Agreement: StoneRidge P.U.D. Minor Subdivision#1 3 2023277 Page: 4 of 6 10120f2000 03:21P Shelley Vance-Gallatin Cc MT MISC 36.00 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. Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to City. 13. Successors Except as provided in paragraph 12, this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 14. Filin The Developer shall have this Agreement recorded in the Office of the Gallatin County Clerk & Recorder's Office at the same time the Final Plat for StoneRidge P.U.D. Minor Subdivision#1 is filed. DEVE ER on Cape, Sr. Cape-France Inc. STATE OF MONTANA ) :ss County of Gallatin ) On this day of , 2000, before me, a Notary Public for the State of Montana, personally appeared, Don Cape, Sr., known to me to be 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 Notarial Seal the day and year first above written. Notary Public or the State of Montana Residing: Commission Expi s: /l /3 0_3 Iia�ivyements• eement: StoneRidge P.U.D. Minor Subdivision ail 4 2023277 1111111111111111111111111111111111111111111111111111111 Page: 5 of 6 10/20/2000 03:21P Shelley Vance-Gallatin Cc MT MISC 38.00 THE CITY Oh, BOZENIAN Debra h. Arkell Director of Public Service STATE OF MONTANA ) :SS County of Gallatin )On the-�-�day of J�er ,2000,before me,a Notary Public for the State of Montana, personally appeared Debra H.Arkell,known to me to be the person described in and who executed the foregoing instrument as Director of Public Service 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. OAAL& �'Lt&L Notary Public for the State of Montana Residing: Bozeman, Montana Commission expires: (Notarial Seal) O TAR/�f':a Improvements Agreement: StoneRidge P.U.D. Minor Subdivision#1 5 2023277 Page: 6 of 6 10/20/2000 03:21P Sheller Vance-Gallatin Co MT MISC 35.00 1 1 1 1 1 f 1 , 1 1 1 1 1 , 1 , 1 1 , O O O 1 , i i O N 00 O Vl m C\ i i G7 O cr'i C1 00 CN 1 , W Ea sir , ss rf, i 1 1 1 O 1 1 1 1 1 1 1 1 1 1 � ' N 1 1 1 / , 1 1 1 1 1 1 1 \\v z ' o Q W 1 l , 1 O ' 1 , , 1 1 , a ' 1 , 1 , 1 1 1 1 v , 1 1 , i Hnn i M V) A ; II i 1 V) 1 F i i W u ' Q ' Cn CC o � , c 3 NCA i N i O i N Q 1 C/) C!� Q U p, N bb i i cG O O '—' ,� O L) zz � � z Cz 7Z 3 �,