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HomeMy WebLinkAbout14-Lot 7 Bozeman Gateway Subdivision PUD, Phase 1 Improvements Agreement J-447—A Send Original to: Cit},of Bozeman PCAT7ED Department of Communitj Development P.O.Box 1230 Bozeman,MT 59771 2480810 Page: 1 of 10 05/13/2014 02:22:20 PM Fee: $10.00 CharlotMT IIIIIII 111111t11111111111111111111111111lls N 1111111111111111111 I- Gallatin IMP IMPROVEMENTS AGREEMENT FOR BOZEMAN GATEWAY SUBDIVISION PUD,PHASE 1,AMENDED PLAT This AGREEMENT is made and entered into this ay of , 2014, by and between MITCHELL DEVELOPMENT GROUP, LLC, 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, F.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called the "City". WHEREAS, it is the intent and purpose of the Subdivider to meet City code requirements, for the filing of the Phase I Amended Plat for Bozeman Gateway Subdivision, PUD. WHEREAS, it is the intent and purpose of the Subdivider to obtain Amended Plat approval for Bozeman Gateway Subdivision,PUD, Phase 1 and WHEREAS, it is the intent of the Subdivider to file the Amended Plat for the Bozeman Gateway Subdivision, PUD,Phase I 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 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 Amended Plat approval of Bozeman Gateway Subdivision, PUD,Phase 1. Bozeman Gateway Subdivision, PUD, Phase 1 —Improvements Agreement 1 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: Lot 7 of the Amended Plat of The Bozeman Gateway Subdivision P.U.D.Phase 1 Plat X 447.The rearrangement of Lot 1, Lot 2 & Lot 3 of Block 2,and Lot 1, Lot 2, Lot 3,Lot 4, Common Area 1 & Common Area 2 of Block 5 of the Bozeman Gateway Subdivision P.U.D. Phase 1,Plat J447,situated in the NW1l4 of Section 14,Township 2 South, Range 5 East, Principal Meridian,City of Bozeman, Gallatin County,Montana. Said tract contains 0.22 acres, more or less. 2. Improvements This Agreement specifically includes the following improvements for Bozeman Gateway Subdivision, PUD,Phase I a) sewer,and water services for Lot 7,see attached Bozeman Gateway Lot 6&7 Bozeman Gateway Subdivision,PUD, Phase l -Improvements Agreement 2 Water& Sewer Services plan. The Estimated Cost of said improvements has been estimated by Morrison-Maierle, Inc. 2880 Technology Blvd. West, Bozeman, MT 59718, at Ten Thousand Three Hundred Eight Dollars ($10,308.00) 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 Amended Plat prior to completion of the required service improvements. Therefore,this Agreement shall be secured by a financial guarantee in the form of a cash deposit with the City of Bozeman in the amount of one hundred and fifty (150) percent of the Estimated Cost of said improvements. The cash deposit shall be provided to the City via Subdivider's company check.No interest shall accrue to the Subdivider on the cash deposit. Except as provided in this section regarding release of a portion of the financial guarantee, the financial guarantee shall be in full force and effective until all the work required by this Agreement is completed by the Subdivider and accepted by the City of Bozeman. The Subdivider hereby agrees that the following subdivision related improvements shall be installed and completed within one(1)year of the filing of the Amended subdivision plat for Bozeman Gateway Subdivision,PUD,Phase 1,whether such work is to be accomplished by Subdivider or delegated to a third party: a) sewer, and water services for Lots 6 and 7; as shown on the attached plan. 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 Bozeman Gateway Subdivision, PUD, Phase 1. Upon submission of fully documented invoices for the work performed, said work to be inspected, accepted, and certified for payment by Subdivider's professional engineers and the City of Bozeman and or its agents as necessary, the City of Bozeman shall release that portion of the cash deposit for the work completed by the referenced invoices, equal to 150%of the original estimated cost for such work. 4. Inspection Bozeman Gateway Subdivision,PUD,Phase 1 —Improvements Agreement 3 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 Mitchell Development Group,LLC,P.O. Box 738, Great Falls,MT 59403,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,without the consent of the Subdivider, 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 Subdivider 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 Bozeman Gateway Subdivision,PUD, Phase I —Improvements Agreement 4 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 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. Bozeman Gateway Subdivision,PUD,Phase 1—Improvements Agreement 5 14. Counterparts To facilitate execution of this Agreement, the parties may execute and exchange counterparts of signature pages by facsimile or via e-mail by .pdf (or similar format), and any such facsimile/e-mail counterpart signatures are binding on the party providing same and may be combined to form one complete document. 15. Filing The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder at the same time the Amended Subdivision Plat for the Bozeman Gateway Subdivision, PUD, Phase 1 is filed. [Execution pages follow] Bozeman Gateway Subdivision, PUD,Phase 1 —Improvements Agreement 6 IN WITNESS WHEREOF, the parties have signed this Agreement as of the date first set forth above. SUBDIVIDER MITCHELL DEVELOPMENT GROUP,LLC By: its manager By: Nam" Title: STATE OF ) :ss County of ) On this day of , 2014, before me a Notary Public of the State of Montana, personally appeared _ %k , 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. -)�- Al �, Mcko h e,- 9 M,`� c i e i I De-Lie i,�4yre vj/ G,,aY IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) (Printe ame ere) Notary Public fo he State of Montana CATHY H.ZOLMAN Residing at Af6t( AM U' 44"'N NOTARY PUBLIC for the My Commission Expires: /y0ResidinSlat at c�reat�aiis�Montana (Use 4 digits for expiration year) My Commission Expires November 5,2014 Bozeman Gateway Subdivision, PUD,Phase I —Improvements Agreement 7 THE CITY OF BOZEMAN BY: DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gall tin ) On the day of �� ,201 ,before me, a Notary Public for the State of Montana, personally appeared known to me to be the person described in and who executed the foregoing ins ment 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) 1 I-ARA L HASTIE (Printed Name Here) nSt "h'iO o1n Notary Public for the State of Montana _ :•NRr�C • for the of Montana - - r'essdng at Residing at 130"'man, Montana My Commission Expires n My Comm,:_sion Expires: se s or expiration ar April 04, 20'7 ( 4 digits f irti g p y ) Bozeman Gateway Subdivision, PUD,Phase 1 -Improvements Agreement 8 EXHIBIT "A" COST ESTIMATES FOR Water/Sewer Services Block 5 Lots 6 & 7 The Bozeman Gateway, PUD SEWER Trench length 165' 4" sewer pipe @ $1.15/LF Lot 6 189.75 Lot 7 189.75 $379.50 Miscellaneous fitting $200.00 Bedding 20 c $11.25 $225.00 Labor 40 hr @ $1,000.00 $25.00/hr Loader 29 hours $400.00 Excavator 63 hours $1,200.00 Roller 29 hours 400.00 Sub Total $3,804.00 Miscellaneous $400.00 Sewer Total $4,204.00 WATER 1 1/Z" Trench length 185' 1.5 copper pipe $6.24/LF Lot 6 1,156.00 Lot 7 1,156.00 $2,312.00 Labor 40 hr @ $1,000.00 $25.00/hr Bedding 26 cy P, $11.25 $292.00 Loader 29 hours $400.00 Excavator 63 hours $1,200.00 Roller 29 hours $400.00 Sub Total $5,604.00 Miscellaneous $500.00 Water Total $6,104.00 TOTAL COST FOR WATER/SEWER $10,308.00 : cy0 - ---------------- ---'�^ �V� 17 77 t - ---------21 - - I , '-- -- - Id -'-I - rif I I CAM FAAL"I APFNOE_ - - - - - - - „i.